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. In light of the summary of the grounds for appeal (unfair sentencing) and the background, means, methods, and risks of the instant crime, the sentence imposed by the lower court (4 months of imprisonment, 2 years of suspended execution, and 120 hours of community service) is too uneasy and unreasonable.

2. Prior to the judgment on the grounds for appeal, the statutory penalty for the crime of special injury is imprisonment with prison labor for not less than one year but not more than ten years, and the statutory penalty for the crime of destroying property is imprisonment with prison labor for not more than three years or with prison labor for not more than seven million won. Thus, when selecting a criminal for the crime of destroying property and causing the aggravation of special injury and concurrent crimes, the lower limit of the applicable sentences would be one year. However, without statutory mitigation or mitigation, the lower court erred by having sentenced the defendant to a suspended sentence for not less than four months, who is lower than the lower limit of the applicable sentences, and such illegality affected the judgment.

In this respect, the judgment of the court below can no longer be maintained.

3. As such, the judgment of the court below is reversed ex officio without examining the prosecutor's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.