The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case, in light of the following: (a) the Defendant’s act of this case, without any reason, destroyed another’s vehicle and soil surface without any reason; (b) thereby, damages another person’s vehicle and soil surface in the course of investigation conducted by the police station; (c) the nature of the crime is inferior; (d) the Defendant’s past record, such as violence, damage of property, etc., is more than ten times; and (e) the victims cannot find any scambling or making efforts to recover from damage after the commission of the crime. It is necessary to punish the Defendant with strict punishment.

However, in full view of the following facts: (a) the content of the crime and the degree of damage are relatively minor; (b) there is no history of punishment exceeding the fine; and (c) the offender appears to have an opportunity to reflect seriously through a prison life exceeding four months; and (d) the conditions for all the sentencing specified in the records and arguments in the instant case, including the Defendant’s age, sex, and environment, the sentence imposed by the lower court is unreasonable

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Points of damage to property: Article 366 of the Criminal Act;

(b) Damage to public goods: Article 141(1) of the Criminal Act (the choice of imprisonment with prison labor).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 of the Criminal Act on the observation of protection;