재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.
2. According to the records of ex officio determination, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Suwon District Court on October 26, 2018 and the judgment became final and conclusive on April 29, 2019. The Defendant’s crime and the above violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) against the Defendant, which became final and conclusive on April 29, 2019, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are in the relation of concurrent crimes under the latter part of Article 39(1) of the Criminal Act, taking into account equity with the case where the judgment is concurrently rendered, and determine the sentence after examining whether to exempt the sentence. The lower court,
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 of the above ex officio reversal, and the judgment below is reversed and it is again decided as follows.
[Along with the reasoning of the judgment of the court below, the summary of criminal facts and evidence recognized by the court below is added to the first head of the criminal facts as stated in the judgment below, "the defendant is a person who was sentenced to one year to imprisonment at the Suwon District Court on October 26, 2018 for a violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) and the judgment became final and conclusive on April 29, 2019." The summary of the evidence as stated in the judgment of the court below is the same as the statement in each corresponding column of the judgment of the court below, except for adding "1.1. defendant's trial statement" to the summary of the evidence as
Application of Statutes
1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;