The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

As amendments to indictment have been made in the trial at the trial, the defendant withdrawn his argument on the grounds of mistake during the third trial.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor tried to examine ex officio prior to the judgment on the grounds of appeal by authority, and the prosecutor finally requested to change the facts charged as stated in the facts charged below, and the subject of the judgment by this court was changed by permitting it. Thus, the judgment of the court below against the defendant cannot be maintained as it is.

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

At around 12:00 on September 27, 2013, the Defendant damaged the victim’s property at the “E” workplace operated by the victim D (the 49-year-old) located in Nam-gu Incheon Metropolitan City, for the reason that the victim took a bath or intimidation against the Defendant and his wife on the preceding day, by putting three fingers inside the victim’s office, breaking up the office, breaking up two times, breaking up the office door, and breaking up the office door, and breaking up the shocks, tables, and books inside the office, thereby damaging the property of the victim’s total market value of KRW 2.160,000.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement made to D by the police;

1. Application of statutes on photographs of damage;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime with a deadly weapon, and the nature of the crime is very poor, and there is no agreement with the victim.