Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 26, 2016, around 22:10, the Defendant damaged the victim’s property by making the 370,000 won of the cost of repairing the cab, i.e., the victim C (42 tax) who stopped in front of the cab, and making it no longer possible to proceed due to the victim C(42 tax)’s car stopped in front of 1513 at the center of Gangseo-gu Seoul, Gangseo-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the written estimate statutes;
1. Article 366 of the Criminal Act applicable to the facts constituting the crime;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The fact that the defendant suffered from stimulative disorder under Article 62-2 of the Criminal Act, and the fact that the crime of this case was committed under the state of main action is acknowledged, but in light of the circumstances acknowledged by the evidence mentioned above, the method and content of the crime, and the conduct before and after the crime, etc., it is not deemed that the defendant has a lack or lack of ability to discern things at the time of the crime of this case.
Considering the fact that there are many criminal records of the reason of sentencing, it is necessary to put the defendant into a strict punishment, but considering the fact that the defendant is against the crime, the victim does not want the punishment, and the need for treatment of alcohol addiction rather than the punishment by detention, the punishment as set forth in the text shall be determined.