재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The punishment of the court below (one million won of fine) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.
2. Before determining the grounds for appeal by the Defendant ex officio, the lower court: (a) applied Article 366 of the Criminal Act to the instant crime on the ground that the Defendant had been convicted of repeated crimes pursuant to Article 35 of the Criminal Act on the ground that there was a criminal record of the crime of bodily injury committed by applying Article 366 of the Criminal Act; (b) however, the term “crimes equivalent to imprisonment without prison labor or heavier” under Article 35(1) of the Criminal Act refers to crimes punishable by imprisonment without prison labor or imprisonment for a limited term; and (c) where a fine is selected among the statutory penalty, repeated crimes cannot be aggravated (see, e.g., Supreme Court Decision 82Do1702, Sept. 14, 1982). The lower court erred in applying the Act, and thus, cannot be exempt
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the above reasons, and the judgment below is
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and 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. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act for statutory mitigation;
1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are favorable circumstances such as the fact that the defendant committed the instant crime in a state of mental disorder, the fact that the defendant recognized all the instant crime, thereby against the mistake, and that the victim and the victim are not subject to the punishment of the defendant.