재물손괴
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a period of two months.
1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, the defendant and the prosecutor appealed against the defendant and the prosecutor who was sentenced to a fine of KRW 4 million due to the damage of property (Jicheon District Court 2016 High Court 2016 High Court 3668). The appellate court (Jibu District Court 2016No 3259) reversed the judgment of the first instance on January 26, 2017 and sentenced to four months, and the above appellate court's judgment became final and conclusive on February 3, 2017, and the crime of this case was committed before the above judgment becomes final and conclusive.
As above, the crimes for which judgment became final and the instant crimes are concurrent crimes after Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, punishment shall be determined.
Therefore, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by this court and the summary of the evidence are as follows: “The first head [criminal records] column of the original sentence of the lower court’s judgment, the Defendant was sentenced to four months of imprisonment with prison labor for property damage at the Jung-gu District Court on January 26, 2017 and the judgment became final and conclusive on February 3, 2017.
The summary of the evidence is to add “1. Before the judgment,” and the summary of the evidence is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. Before the judgment and the date of final judgment” in the same part as the corresponding column of the judgment of the court below.
Application of Statutes
1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes