The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. In light of the fact that the defendant was punished for the same crime even though the defendant had the record of punishment for the same crime, in other words, damages the victim's car under the same veterinary method, the nature of the crime is not somewhat weak, but the defendant has agreed with the victim by reflecting misunderstanding in depth. Since the crime of this case is in concurrent crimes with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was established on June 21, 2014 and the latter part of Article 37 of the Criminal Act, the punishment of this case should be determined in consideration of equity with the case where the above judgment was rendered concurrently with the crime that became final and conclusive in accordance with Article 39(1) of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant's age

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts of the crime and the evidence admitted by this court is as follows. The defendant in the criminal charge column of the judgment of the court below included "the defendant" in the crime column of the judgment of the court below in the inclusion of "the defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (refinal Injury, etc.) on June 13, 2014 and the above judgment became final and conclusive on June 21, 2014", and except for addition of "the copy of the judgment" duly adopted and investigated in the trial before the above final judgment as evidence, it is the same as the corresponding column of the judgment of the court below, and thus, it is

Application of Statutes

1. Relevant Articles 366 (Selection of Punishment of Fines)

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crime of damaging property and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which has become final and conclusive

1. Article 70 of the Criminal Act to attract a workhouse.