The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (a fine of KRW 700,00) is too unreasonable.

2. The crime of this case is not likely to be committed with a flag or damage a victim’s vehicle’s flag with the key to the vehicle. However, there are extenuating circumstances such as the Defendant’s 62 years of age and 1982, which led to the confession and reflect of the crime, the Defendant’s confession and reflect of the crime, the repair of the victim’s vehicle was completed, and the victim’s urology was not good for health conditions due to urology

In addition, considering all of the sentencing conditions indicated in the instant case, such as the family relationship, living environment, motive, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;