공용물건손상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is found to be disadvantageous to the defendant, such as that the defendant destroyed and damaged a 30,00 won of the market value of the public property, accompanied by a mobile safety warning, etc. equivalent to 49,500 won of the market value owned by the Republic of Korea, and the victim G was openly insulting and insulting. In light of the content of the crime, the criminal liability is heavy, and the defendant committed several times of past records of punishment for the same crime, and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even during the period of repeated crime of the same kind.
However, when considering the fact that the defendant led to the confession of all of the crimes of this case and reflects his mistake in depth through confinement life for a considerable period of time, the extent of damage to the public goods of this case and the crime of causing property damage is relatively minor, the defendant has compensated for damage to the public goods of this case, the defendant's health status is not good at the present, and the defendant's age, character and behavior, and all other circumstances, which are the conditions for sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, are too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 141(1) of the Criminal Act (the point of damage to public goods), Article 366 of the Criminal Act (the point of damage to public goods), the Criminal Act concerning the crime;