특수재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. It is recognized that the judgment of the defendant led to the confession of the crime, and his mistake is divided, there is no history of punishment heavier than the fine, the victim and the victim have reached an agreement smoothly with the victim, and the suffering of a polar disorder is recognized.
However, the crime of this case is deemed unfair by taking into account all the sentencing conditions shown in the argument of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, and the punishment imposed by the court below is too unafford and thus unfair, considering the following factors: the defendant's act of this case was destroyed by a bront (a cover of the front part with an engine) of the victim's vehicle, and the bront is very heavy; the defendant has the history of being punished for the same crime; and the defendant has the history of being punished for the same crime; and other sentencing conditions specified in the argument of this case, such as the motive, means and consequence of the crime of this case, after the crime, etc.
3. Accordingly, the prosecutor’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 after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is that each of the instant columns of the judgment below is identical to each of the relevant columns of the judgment below, except that each of the instant columns of the judgment below, except that each of the “Net” is deemed as the “Net” in the real column 9,13 of the criminal history of the judgment below. As such, the summary of the facts charged and the relevant evidence is cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;
1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;