재물손괴
The prosecutor's appeal is dismissed.
1. The defendant's judgment on the grounds for appeal has a past record of criminal punishment several times for violent crimes is disadvantageous to the defendant.
However, considering various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relation, background and motive of the crime, and circumstances after the crime, the lower court’s punishment (three million won of fine) cannot be deemed unfair, because it is too unreasonable, in light of the following circumstances: (a) the Defendant recognized the entire crime of this case and divided the errors; (b) the Defendant agreed with the victim at the investigation stage; (c) the Defendant sought the Defendant’s wife against the Defendant; and (d) the Defendant does not have any same kind of violence as this case since 2007.
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.