재물손괴
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. In light of the gist of the grounds for appeal by the Defendant (unfair punishment) and the fact that there are circumstances to consider the circumstances leading to the commission of the crime, the sentence of the lower court that sentenced fines of KRW 1,00,000 is too unreasonable.
2. In light of the motive and background of the instant crime, circumstances before and after the instant crime, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc., the lower court’s punishment is unreasonable on the ground that it is determined that the Defendant’s punishment is unreasonable on the ground that it was not attached by lawful procedures, and thus, it was the object of removal, and the Defendant’s removal of the instant plastic card attached to the tape was removed by hand, and did not damage the instant plastic card by tearing or dumping it on the floor.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
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. A fine of 1,000,000 won to be imposed on the suspension of sentence;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);