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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of one million won) by the lower court is excessively unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case was examined by the Prosecutor, and the facts charged in the instant case was examined by the Prosecutor.
In the paragraph, the part of the "the victim laid down and damaged several Bans that were located in the air conditioners or air conditioners on the floor of the ward on the ground that the defendant's wife was met," which stated that "the victim laid down several Bans that were located in the air conditioners on the floor of the ward on the ground that the defendant's wife was met, and the contents were accumulated into the living room and damaged against the anti-markets" was changed by this court's permission, so the judgment of the court below was no longer maintained.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and the evidence admitted by this court is as follows: the part of the facts of the crime of the judgment of the court below which stated in Paragraph 2 of Article 36 of the Criminal Procedure Act, stating that the part of the "the victim laid down a number of reflectors that had been detained in the air conditioners on the floor of the living room on the ground that the victim was living in the defendant's wife, and damaged it" was changed to the part of "the victim laid down several reflects that had been laid in the air conditioners on the floor of the living room on the ground that the content was recorded therein and damaged against the market price in this case," and therefore, it is identical to the corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act, and Article 329 of the Criminal Act concerning criminal facts;