재물손괴
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Criminal facts
On May 3, 2019, the Defendant: (a) around 16:40 on May 3, 2019, the Defendant: (b) destroyed the victim’s door door in the amount of KRW 500,000 of the market price owned by the victim using brooms in front of the victim’s house No. 2 in Eunpyeong-gu Seoul building No. 201, the victim’s house No. 200,000 on the ground that the victim did not open the door.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to photographic data, 112 Reporting List, and investigation report (field investigation);
1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 366 of the Criminal Act;
1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;
2. Application of the sentencing criteria [Determination of types] general standards (determination of types) (specific person) mitigation elements (special person), mitigation areas (the scope of recommendation area and recommendation range), mitigation areas (the scope of recommendation area and recommendation range), and one month to six months; and
3. Determination of sentence: Three months of imprisonment with prison labor and one year of suspended sentence [unfavorable circumstances] The majority of violent crime records [feasible circumstances] the victim and the victim do not want the punishment of the defendant, and the defendant's mistake is divided and does not repeat again;