A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On June 18, 2016, around 22:35, the Defendant destroyed by cutting off the entrance doors equivalent to KRW 100,000,00 at the market price owned by the victim on the ground that the door door was not opened before the house of the victim C, Songpa-gu Seoul and 1 underground.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Determination as to the defendant's assertion of the relevant Article of the Criminal Act, Article 366 of the Criminal Act, the defendant's choice of punishment for imprisonment

1. The defendant asserted that he was guilty of the crime of this case and lost his gender.

I express my opinion to the effect that there was a mental and physical weakness at the time of committing the instant crime.

2. According to the records, the defendant's drinking prior to the crime of this case is recognized.

However, in light of the circumstances indicated in the records, such as the background and method of the instant crime, the details of the crime, and the situation before and after the instant crime, there was a lack of ability to discern things or make decisions due to drinking solely on the ground that the instant crime was conducted merely by drinking alcohol.

shall not be appointed by a person.

In addition, the Defendant committed an indecent act, etc. under the former influence of alcohol. Thus, the Defendant had a mental and physical weakness at the time of committing the instant crime.

Even if the defendant's act predicted the occurrence of danger and caused the mental and physical condition of the person, it is reasonable to not reduce the punishment in accordance with Article 10 (3) of the Criminal Code.

Reasons for sentencing

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for a period of one month to six months, and the area of mitigation (damage, etc. to property) for a period of one month (one month to six months) - Special mitigated persons: No penalty shall be imposed;

2. The defendant who has been sentenced to punishment for a crime of violence, such as being sentenced to punishment for a crime of the same kind, is sentenced to imprisonment with prison labor, and on March 3, 2016, the Seoul Eastern District Court shall be sentenced to compulsory indecent act;