폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 28, 2014, the Defendant: (a) around 05:00 on the street of the victim D (the age of 49) located in Dongducheon-si C; (b) brought about about about approximately 71 cm in the middle of the victim’s house on the ground that the opening in which the victim was raised was slicking off, and caused about 40,000 won in the aggregate of the market prices of the victim’s possession by putting about 70,000 glass, which is dangerous things by putting about 57,00 won in front of the victim’s house located in Dongducheon-si, 200, and continuously damaged the above passenger car by putting the door door door door door door door door door door door door door door door door door door door door door, living room door door door, and destroying the victim’s market price by destroying it.
Summary of Evidence
1. Defendant's legal statement;
1. Each photograph;
1. Application of Acts and subordinate statutes to an investigation report (the confirmation report of the amount of damage) and an investigation report (the hearing report on the victim's telephone statement);
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The defendant's crime of sentencing under Article 62 (1) of the Criminal Code of the suspended execution is committed against the victim, and the strength of fear against victims is considered not to have been significant.
Although the defendant has the same criminal power, and the defendant's act is in danger of danger, it should be subject to punishment corresponding thereto. However, the crime of this case is contingent, the amount of damage is relatively small, the defendant's mistake is divided and reflected, and above all, the situation that the victim agreed with the victim cannot be considered and sentenced to suspension of execution.
In addition, the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime.