재물손괴등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and eight months of imprisonment) is too unreasonable.
2. The crime of this case is deemed to have committed the crime of this case, even though the defendant was subject to a disposition of suspension of indictment on June 13, 2012 due to the crime of injury, property damage, etc. on the part of the defendant who damaged the victim's goods, injured the victim by carrying a knife, which is a dangerous object, and detained the victim, and the nature of the crime is not good, and the defendant has not long been subject to a disposition of suspension of indictment on the part of June 13, 2012, but it is recognized that the defendant committed the crime of this case again, but the defendant has committed the crime of this case even though he was found to have committed the crime of this case. The defendant seems to have committed the crime of this case with the judgment with the victim who is the former wife, and it seems to have committed the crime of this case by contingently disputing the issue of judgment with the victim. The degree of injury of the victim is minor as two weeks after the sentence of the judgment of the court below, the defendant did not have any other criminal records except the defendant who was sentenced once a fine due to this crime.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
Article 366 of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 276(1) of the Criminal Act (the point of injury by injury); Article 276(1) of the Criminal Act (the point of confinement; the choice of imprisonment)
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;