폭력행위등처벌에관한법률위반(상습재물손괴등)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (the first judgment of the court below: imprisonment with prison labor for 2 years and the second judgment of the court of the court of the appeal: imprisonment with prison labor for 4 months) is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, prior to the judgment on the Defendant’s assertion of unfair sentencing, the prosecutor examined ex officio, and the prosecutor applied for the amendment of indictment as an inclusive crime (Article 2(3) and (2) of the facts charged in the case (Article 2(1)1 of the Punishment of Violences, etc. Act), Article 2(1)1 of the Act on Punishment of Violences, Etc., and Article 2(1) of the Decree on Punishment of Violences, Etc., Article 2(1)1 of the Decree on Punishment of Violences, etc. as well as Article 2(1) of the Decree on Punishment of Violences, etc., and the part on the damage to property in the case in the case in which 2013 or 2942 was applied for the amendment of indictment as the case was changed by this court’s permission. This court tried by combining two appeals cases in the judgment below
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
[criminal power] On December 8, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (even at night and joint assault), etc. at the Seoul Southern District Court on July 2, 2008, and one year and six months, and one year and six months, and one year of imprisonment with prison labor at the same court on September 1, 2010, and one year and one year, respectively. On February 21, 2013, the same court was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), and completed the execution of the sentence on October 1, 2013. < Amended by Act No. 11604, Oct. 1, 2013>
[2013 Highest 3567] [2013 Highest 2942]
1. On October 14, 2013, the Defendant interfered with his/her business from around 16:40 to around 17:00.