재물손괴등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,800,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal is too unreasonable as the respective punishment of the original judgment (the first instance judgment: the fine of KRW 500,000, the second instance judgment: the fine of KRW 1 million, the third instance judgment: the fine of KRW 300,000) is too unreasonable.
2. The judgment of the court of first instance rendered ex officio is the case No. 2014 high-class 147, which is the case No. 2014 high-class 2014 high-class 146, which is the case where the second court of second instance rendered a separate trial against the defendant in the case No. 2014 high-class 145, the third court rendered an appeal against each of the above judgments, and the defendant filed an appeal against each of the above judgments, and the court held concurrent hearings. Each of the above judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, each of the above judgments of the court below against the defendant became unable to be maintained any more.
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 that the above reasons for reversal of authority exist, and the judgment of the court below is again decided as follows.
Criminal facts
The summary of the facts and evidence recognized by this court is clear that the facts and the summary of the facts and evidence in the judgment of the court of the court of the third instance are the misunderstanding of the "defence" of the facts and therefore, except for correction thereof, they are as shown in each corresponding column of the judgment of the court below, thereby citing them as they are in accordance with Article 369
Application of Statutes
1. Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act, the selection of each fine for the crime;
2. Criminal facts which become final and conclusive in the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent law treatment.