The sentence of sentence against the defendant shall be suspended.

A. In fact-finding the Defendant did not damage the victim’s window screen screen to the extent of repairing cost.

B. The first instance sentencing of the Defendant on the grounds of unfair sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court on the Defendant’s assertion of mistake of facts, the fact that the Defendant, as indicated in the judgment of the first instance court, has damaged two windows of the victim by humfing them by hand.

Therefore, we cannot accept the defendant's assertion of mistake.

B. In full view of the circumstances leading up to the Defendant’s judgment on the assertion of unfair sentencing, the sentencing of the first instance court on the Defendant seems to be too unreasonable, taking into account the following circumstances: (a) the background leading up to the instant case; (b) the degree of damage; (c) the dispute between the Defendant and the victim; and (d) the Defendant’s age, character and conduct, environment, family relationship;

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be postponed: fine of 300,000 won, detention in a workhouse: 100,000 won per day, and the reasons stated in Article 2 (b) of the judgment);