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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. The Defendant intentionally received the victims’ vehicles using a dangerous object, and considering the type, risk, etc. of the crime, the crime of this case is not good.
In addition, the victims did not completely recover from the damage.
Such circumstances are disadvantageous to the defendant.
However, there is a favorable condition for the defendant, such as the defendant's age, sex, environment, motive, means, consequence, etc., and all the sentencing conditions, such as the defendant's age, sex, environment, means and consequence, etc., the sentence of the court below is too unreasonable, and it is recognized that the sentence of the court below is too unreasonable, considering all the following factors: (a) the defendant is not subject to criminal punishment of a fine of KRW 300,000 as a result of the crime of insult on January 9, 2014; and (b) the defendant deposits KRW 2 million for the victims at the time of the trial.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a victim C with a heavier penalty).
3. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 2, 201);
4. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances as seen earlier).