재물손괴등
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of seven million won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. In full view of all matters pertaining to the fact that the defendant living in custody for a period of two months, the damage to property is minor and agreed with the victim, the defendant's age, occupation, and the sentencing specified in the records and arguments of this case, the judgment of the court below is deemed unfair because the defendant's punishment of the court below is deemed unfair. Thus, the defendant's assertion is justified.
3. According to the conclusion, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 provisions of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;