A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 14, 2017, around 17:35, the Defendant damaged the D restaurant operated by the victim C, and the empty beer’s disease, which is a dangerous object on the instant D restaurant owned by the victim, among the mixed beer, was damaged by the Defendant’s repair cost equivalent to 100,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of damaged parts and investigation reports (verification, etc. of the extent of damage inflicted by the victim);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. Where actual damage is insignificant in the mitigation area (4 months to 10 months), such as the mitigated area (4 months to 10 months), of the type (Habitual, repeated, special damage, etc.) of the first type (Habitual, repeated, special damage, etc.) of the recommended punishment on the sentencing criteria;

2. Determination of sentence shall be made in accordance with the order, taking into consideration the favorable circumstances, such as the fact that the defendant, who has committed several violent crimes in the past and has been subject to criminal punishment, the unfavorable circumstances such as not compensating the victim for damage, and the damage caused by the instant crime, relatively minor, and the fact that the defendant is deeply against the instant crime while recognizing the instant crime, etc., together with other favorable circumstances;