A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Around 12:00 on December 9, 2018, the Defendant damaged the repair cost of approximately KRW 200,000,000 by cutting down the wooden gate of the above house, on the ground that: (a) the victim’s house residing in D was found in the vicinity of the victim C’s house located in Yangju City, and drinking alcohol together with D; and (b) the victim’s house located in D does not compensate the Defendant for the damages that D received due to the past traffic accident; and (c) the victim’s house was found in D around 14:30 on the same day.

2. The Defendant suffered special injury: (a) calculated the victim’s head portion of the victim D’s head from the wooden gate, which is a dangerous object, at the time, place, and at the same time and place as set forth in paragraph (1); and (b) calculated the victim’s head portion, the victim’s number of days of treatment could not be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A fire-proof report (on-site rents and CCTV for crime prevention), on-site photographs and CCTV-cap photographs, and CCTV images taken for crime prevention;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant had been punished for the same kind of crime on several occasions, but again committed the crime in this case, and the defendant's liability is more important in light of the means and methods of the crime, the form of the act, the degree of damage, etc.

However, although the defendant has long worked, it is ordered that the victim D, who is a punishment, has caused contingent crimes in depth of appraisal, the victims do not want the punishment against the defendant by seeking a letter to the victims, and the victims do not want the punishment against the defendant. In addition, all of the sentencing conditions such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime are taken into account.