재물손괴등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The lower court’s scope of trial was dismissed among the facts charged in the instant case, and found the remainder guilty of the facts charged. Since only the Defendant appealed on the conviction part, the part dismissing public prosecution among the lower judgment’s judgment became final and conclusive separately due to the lapse of the appeal period.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The sentence of the lower court (five years of suspended execution and five years of probation order in two years and six months of imprisonment) is too unreasonable in its summary of the grounds for appeal.
3. In light of the reasoning of the judgment, the court below selected the sentence for the crime of this case and ordered the probation while suspending the execution of the sentence. If the court below compared the sentencing factors stated in the judgment of this case with the records of this case, it is acceptable to conclude that the probation order is suspended, but the period of the sentence for the principal sentence and the probation is excessive in light of the defendant's criminal records or the defendant's specific behavior mode and risk.
4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act and the choice of punishment for the crime, Articles 36 of the Criminal Act, Articles 283 (1) of the Criminal Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: