재물손괴
The prosecutor's appeal is dismissed.
The order for compensation by the court below shall be revoked.
An application for compensation by an applicant for compensation of the original court.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. Although it is recognized that the Defendant committed the instant crime during the suspended period of execution due to the same kind of crime, considering the following factors: (a) even though it is recognized that the Defendant recognized the instant crime; (b) the amount of damage caused by the instant crime is relatively small; (c) the Defendant agreed with the victim in the trial; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the records and arguments, including the circumstances after the crime, etc., it cannot be deemed that the sentence of the lower court against the Defendant is too unjustifiable and unreasonable.
3. The lower court rendered a compensation order with the content that the Defendant would pay KRW 1 million to the applicant for compensation order.
However, since the defendant paid 70,000 won to the applicant for compensation in the first instance trial and agreed that the existence or scope of the defendant's liability for compensation is not clear, the application for compensation order by the applicant for compensation in the original instance cannot be accepted.
4. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the prosecutor’s appeal is dismissed in accordance with Article 33(4), Article 32(1)3, and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and the court below’s order for compensation is revoked and its application for compensation is dismissed.