재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
The gist of the grounds for appeal by the defendant is that the punishment of 5,00,000 won, which the court below sentenced, is too unreasonable in light of the fact that the defendant has no economic ability to pay the fine, the victim's father and the injured person is also minor to the extent of 35,00 won.
Considering the fact that the defendant was punished, in particular, the fact that the defendant committed the crime of this case during the period of probation and that there was no effort to recover damage, the punishment imposed by the court below seems to be somewhat inappropriate in view of various circumstances, including the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is
Criminal facts
The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;