공용물건손상등
The judgment of the court below is reversed.
The punishment of the accused shall be set forth in six months.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.
2. The Defendant agreed to the G Co., Ltd. and taxi drivers F with the victim of the crime of damage to property, and recovered the damage of the crime of damage to public property.
However, the Defendant committed a crime by drinking alcohol and using violence or destroying property. In particular, at the time of the instant crime, the Defendant was under suspension of the execution of imprisonment for not less than four months after he was sentenced to two years of suspension of execution on June 1, 2016 due to a crime of interference with business, interference with the performance of official duties, and injury.
It seems that the defendant who repeatedly commits the same kind of crime is in need of strict punishment.
Comprehensively taking account of the various sentencing conditions shown in the records and arguments of this case including these circumstances, the lower court’s sentence against the Defendant is unreasonable.
We accept the prosecutor's improper arguments in sentencing.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 141 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;
1. Prior to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the sentence as described in the text of the said Act shall be determined by comprehensively taking account of the circumstances as seen in the preceding part of Article 37, Article 38(1)2, and