However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

1. 재물손괴 피고인은 2020. 3. 6. 04:15경 부산 연제구 B에 있는 ‘C’ 식당 앞 길거리에서, 술에 취하여 특별한 이유 없이 그곳에 주차되어 있던 피해자 D 소유의 E 아반떼 승용차에 다가가, 발로 위 승용차의 앞 펜더 부분, 운전석 앞문 부분 및 운전석 뒷문 부분을 발로 수회 차 앞 펜더 부분이 움푹 파이게 하고, 운전석 앞뒷문 부분을 긁히게 하여 수리비 819,091원이 들도록 위 승용차를 손괴하였다.

2. The Defendant received a claim from the victim D (the age of 28) from the date, time, place, and the victim’s hand, and assaulted the victim to check the victim’s left margin and part of the lower part.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Written estimate;

1. Application of the Acts and subordinate statutes concerning vehicles, photographs on the parts of violence, CCTV images, and photographics;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Destruction of Property) and Damage: [No. 1] Property Damage, etc. (Special Punishment) (Scope of Recommendation and Recommendation), Basic Field (Scope of Recommendation and Recommendation], and April to October; and

(b) Class 2 crime (determination of types of assault) and violent crime [Class 1] general assault [Special Punishment] mitigation element: Where the degree of assault is minor (in the area of recommendation and recommendation range] mitigation range, one month to eight months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: From April to February 1 (the maximum of crimes No. 2).

3. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended sentence, and the defendant of a community service order (80 hours) are in the same kind;