재물손괴등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the penalty imposed by the court below (three million won of fine) is too large.
2. The fact that the Defendant appears to have recognized the instant crime as a substitute and to reflect his mistake is favorable to the Defendant.
On the other hand, the fact that the defendant committed each of the crimes of this case during the suspension of execution due to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and that the victim of the crime of causing property damage seems not to have been recovered from any other damage is considered to be disadvantageous
Considering the above circumstances and the circumstances that are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.
(However, the lower court’s criminal facts are clear that “...., December 19, 2012” of the first line is a clerical error in the phrase “..., December 19, 2013,” and thus, ex officio correction is made in accordance with Article 25 of the Rules on Criminal Procedure.