Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On December 23, 2019, around 16:10 on December 23, 2019, the Defendant collected fire extinguisherss set up on the floor on the ground that there are numerous dissatisfactions, and broken down the front glass and roof of the victim C-owned D-car parked in that place.
As a result, the Defendant, carrying a fire extinguishing machine of dangerous metal materials, destroyed the goods to be 3,754,758 won in repair cost, such as pre-sale of glass, and damaged their utility.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Written estimate of repair costs;
1. Application of statutes on site photographs (fire extinguishers, damaged vehicles, and on-site);
1. Grounds for sentencing under Articles 369 (1) and 366 of the Criminal Act, which relate to relevant Articles of the Criminal Act and the choice of punishment;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines (decision of type) and the scope of the crime subject to repeated crimes and special damage [Type 1] and no person who is subject to repeated crimes and special damage [the scope of the recommended punishment] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and two months;
3. Determination of sentence: The crime of this case in April, without any justifiable reason, destroyed another person’s property by an article dangerous to drunk and thus, is highly dangerous in light of the form of crime; the defendant is arrested and the police station after arrest is not in good condition after the crime is committed; the defendant has a large number of kinds and records of crime including the records of criminal punishment for violent crimes; the victim’s damage has not been recovered; the victim wants to punish the defendant; and the social relationship of the defendant is not obvious.
However, the favorable circumstances, such as the fact that the defendant is recognized to be wrong, and the age, character, conduct and environment of the defendant, the motive, means and result of the crime, after the crime.