특수재물손괴
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 14:30 on September 7, 2019, the Defendant damaged the door and knife amounting to 400,000 won at the market price, which is a dangerous object, on the ground that the victim did not open the entrance in front of the residential entrance of the Masan-si B apartment victim C (5 years of age) in Changwon-si, Busan Metropolitan City (55).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to report internal investigation;
1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;
1. Scope of punishment by law: One month to five years;
2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Type 1] repeated crimes, special damage and damage [Special Sentencing]: In cases where punishment is not granted (including serious efforts to recover damage), or a significant damage has been recovered, the area of mitigation of punishment (the area of recommendation and the scope of recommendation], one month to eight months;
3. The Defendant, on the ground that the victim does not drink the alcohol, destroyed the victim’s entrance door by leaving the door.
Not only the victims but also the apartment residents seem to feel a considerable fear.
There is a number of criminal penalties against the defendant, including a large number of violence challenges.
However, the defendant did not proceed to the crime against the body of the victim.
In the investigation stage, the victim does not want the punishment of the defendant.
No sentence shall be imposed on the accused.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, and all the sentencing conditions shown in the proceedings and arguments.