A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. 특수 재물 손괴 피고인은 2016. 7. 5. 22:10 경 충북 음성군 B에 있는 피해자 C( 여, 62세) 이 운영하는 D 유흥 주점 내 1번 방에서, 일행과 함께 술을 마신 던 중 피해자에게 담배를 사 달라고 하였다가 피해 자로부터 담배 값을 선불로 달라는 말을 들었다는 이유로 격분하여, 그곳에 있던 위험한 물건인 맥주병들을 유리 출입문 쪽으로 마구 던져 시가 5만 원 상당의 위 출입문을 부쉈다.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. In the date, time, and place described in paragraph 1, the Defendant was faced with the victim in the status of the cream, a dangerous thing while drunkly under the influence of alcohol, as seen above, and “Saute and aging of the aged while performing a funeral service for the aged is also sauted.”

c. Sheba k-to prevent funeral in the voice;

It threatened the victim, such as putting sound, intending to blicker the victim with beer and beer.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for the crime, and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation: The defendant has been punished several times for violent crimes, and in particular, even if the court rendered a sentence of one year to a violation of the Punishment of Violences, etc. Act on May 8, 2015, the defendant committed the instant crime in spite of the fact that he/she was sentenced to six months of imprisonment and one year of suspended execution, and the victim was mentally and mentally in light of the background of the instant case, method of crime, instrument, etc.