The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. In fact, the court below found the defendant not guilty of the damage caused by the destruction of the front and rear door of the motor vehicle owned by the victim I, and there is an error of mistake in the judgment of the court below.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 200 hours) is too uneasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The Prosecutor applied the law to the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case at the trial of the party, and applied for the modification of the indictment with the content that “Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” changed from “Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” to “Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act,” and this Court

Therefore, the part concerning the above facts charged in the judgment of the court below (hereinafter "the guilty part of the judgment of the court below") can not be maintained due to a change in the subject of the judgment.

Therefore, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the guilty part of the judgment of the court below is reversed, and it is again decided as follows after pleading.

However, even though there are grounds for ex officio reversal, the prosecutor’s assertion of mistake as to the part not guilty among the judgment below is still subject to the judgment of this court, and it is to be determined below.

4. The lower court found the Defendant not guilty of the facts charged on the damage of the instant property while clearly explaining the grounds for determination on the prosecutor’s assertion of mistake of facts.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence submitted by the prosecutor alone is the property loss of this case.