재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The lower court’s punishment (the amount of KRW 500,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. Before the judgment on the grounds for an ex officio appeal is examined ex officio, and according to evidence submitted by the prosecutor at the trial of the party, the defendant was sentenced to imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Ulsan District Court on June 29, 2016, and the above judgment became final and conclusive on December 8, 2016. Thus, the crime of the defendant's decision in the court below and the above violation of the Narcotics Control Act, which became final and conclusive on December 8, 2016, are concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to the latter part of Article 39 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's unfair argument about sentencing, since there is a ground for reversal ex officio as seen earlier.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) the first head of the lower judgment’s “criminal facts” was sentenced to imprisonment with prison labor for a term of one year for a violation of the Narcotics Control Act at the Ulsan District Court on June 29, 2016; and (b) the said judgment became final and conclusive on December 8, 2016.
“A previous conviction in the judgment of the court below” is added to “a summary of the evidence” and “a prior conviction in the judgment of the court below”, and it is identical to each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the latter part of Article 39 (1) [the crime of judgment and judgment become final and conclusive.]