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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who resides in Ansan-gu C 104 located in Ansan-gu and the victim D is a person who resides in the same building 106.
On May 25, 2018, on the ground that noise was emitted from around 06:30, around 106, around 06:30, the Defendant broken down the part below the front door of the market price of KRW 30,00,00, by cutting cement bricks kept at the house at the lower end of the front door of 106.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. On-site photographing photographs;
1. Application of Acts and subordinate statutes to investigative reports (Attachment to a receipt for repairing damaged articles);
1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;
1. As to the suspended sentence under Article 62(1) of the Criminal Act, crimes such as assault of reasons for sentencing, obstruction of business, interference with execution of official duties, etc. have been committed several times of punishment.
In full view of the criminal history, the circumstances of the crime, and the fact that a person suffering from a neighboring person appears to have suffered from mental suffering, the defendant should be punished strictly.
However, the attitude of the defendant to reflect the mistake seems to be.
The degree of property damage is not severe.
It seems that the defendant seems that he has a good health condition due to his old age.
The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.