재물손괴
The judgment of the court below is reversed.
The punishment of the accused shall be four months by imprisonment.
(2) the date of this judgment.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. In the appellate trial, the Defendant paid the amount of damage to each insurance company of the victim F, H, and G, and agreed with the victim D.
The defendant seems to have committed a crime by drunkly.
In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the
Therefore, the defendant's argument of sentencing is reasonable.
3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the addition of “the defendant’s legal statement in an appellate trial” in the column of the evidence. Thus, it is also cited by Article 369 of the Criminal Procedure Act as it is.
Application of Statutes
1. Relevant Article 355 of the Criminal Act and Article 355 (1) of the Criminal Act and the choice of imprisonment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Standards for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Persons who are subject to special mitigation in the mitigated area (one to six months) of Class 1 (Destruction, etc. of Property): In cases where punishment is not imposed, or substantial damage is recovered;
2. The scope of final sentence due to the aggravation of multiple offenses: one month to one month; and
3. Main reasons for the suspension of execution: positive - Where the punishment is not imposed or the damage is recovered from a considerable portion: There is no criminal record of the suspension of execution or more positive - there is no criminal record.