공용물건손상
The judgment of the court below is reversed.
The defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Summary of the grounds for appeal and the sentencing (a fine of five million won is imposed in the original trial);
2. Ex officio determination is based on the following facts: (a) the Defendant did not damage and reimburse the equipment of the confined facilities without being involved in the case; (b) however, the lower court’s punishment is too low in light of the following circumstances, and thus, cannot be deemed unreasonable.
Rather, the lower court’s punishment is too unreasonable in light of the following: (a) the Defendant committed a contingent crime; (b) the repair of damaged equipment is possible (2.50,00 won); and (c) the Defendant’s intellectual disability (Grade III) requires treatment and assistance.
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 after pleading (see Supreme Court Decision 2008Do1092, Dec. 9, 2010). Since the prosecutor’s appeal is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, or the judgment of the court below is reversed, a separate order shall not be pronounced.
[The reasons for the judgment of multiple times] The first part of the criminal facts [criminal records] and the defendant were sentenced to imprisonment with prison labor for eight months and two years of suspension of execution on June 30, 2018 in the Goyang Branch of the Jung-gu District Court on March 22, 2018 and the judgment became final and conclusive on June 30, 2018.
On July 18, 2019, the second and the defendant was sentenced to imprisonment with prison labor for six months, two years of suspended execution, and fines of 18 million won at the Jung-gu District Court on the Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), and the judgment became final and conclusive on July 26, 2019.
【Criminal Facts】
On February 2, 2019, the defendant, who is currently serving in his/her own correctional institution, was damaged by 32 persons who walked with the 30,000 won of the repair cost and 250,000 won of the goods used by public offices in his/her own correctional institution.
Summary of Evidence
The summary of evidence recognized by the trial court is the same as the relevant column of the judgment of the court below.