재물손괴등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, according to the “Conet case search” and “Conet case search” adopted and investigated ex officio at the Defendant’s trial court’s oral statement and the trial court’s trial, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant was sentenced to imprisonment with prison labor for not less than ten months in the case on November 6, 2012, such as attempted violation of the Punishment of Violences, etc. Act (joint conflict) at the Busan District Court Decision 2012 Godan8099 (hereinafter “first judgment”), and on December 17, 2012, the lower court’s judgment was reversed and sentenced to imprisonment with prison labor for not more than four months (hereinafter “second judgment”) and the crime of violation of the Punishment of Violences, etc. Act (hereinafter “joint intimidation”), and the lower court’s judgment that became final and conclusive after being sentenced to imprisonment with prison labor for not more than 3 months and the crime of this case’s imprisonment with prison labor for not more than 2017No27516 (hereinafter “the above judgment”).
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court shall be in the first head of the judgment below.