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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the reasoning of the instant appeal claiming misunderstanding of facts and the contents alleged by the Defendant at the trial and the lower court, the Defendant appears to have asserted that “the Defendant did not pluck up or damage the victim’s first white slicker by hand.”
B. In light of the sentencing conditions of this case, the sentence of a fine of KRW 500,000,000, imposed by the court below, is too unreasonable.
2. Determination
A. We examine the argument of misunderstanding of facts. According to the police protocol on E, which is evidence duly adopted and investigated by the court below, the defendant can sufficiently recognize the fact that plucking, plucking, and the "where the utility is harmed by destroying or concealing the victim's vehicle" as referred to in the crime of property damage includes not only cases where goods, etc. cannot be used for their original purpose, but also cases where they are made in a state where goods, etc. cannot be used for their original purpose because they cannot be used for the original purpose as a material destruction but also cases where they fall under the utility because they cannot temporarily play a specific role such as goods (see Supreme Court Decision 2016Do9219, Nov. 25, 2016). Thus, the defendant's above argument by the defendant is without merit.
B. In full view of the following factors: (a) examining the determination of the unfair argument of sentencing; and (b) comprehensively taking account of the reasons for sentencing indicated in the argument and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully taking into account all the circumstances, including the various reasons for sentencing asserted by the Defendant; and (c) other special
Ultimately, there is no reason to believe that the sentencing of the defendant is unfair.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.