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

Punishment of the crime

[Criminal Power] On March 8, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on August 19, 2018 and completed the execution of the sentence in the Daejeon Prison on August 19, 2018.

【Criminal Facts】

1. On May 25, 2020, the Defendant causing property damage: (a) around 17:17 on May 25, 2020, at the Defendant’s residence located in Daejeon Dong-gu, Daejeon, the Defendant destroyed KRW 1.20,00 of repair cost by cutting off the entrance door and five windows free of windows, which are the victim’s ownership, on the ground that the victim D, who caused the monthly rent sealed to the said C, does not delay the payment; and (b) on the ground that the victim D, who caused the said C’s monthly rent, did not delay the payment

2. After destroying the glass windows at the time, place, as mentioned in paragraph 1 above, the injured Defendant d(79 years of age) listened to the horses from the victim D(the age of 79), which led to an injury to the victim, such as a flabing of the victim’s flab, and a flabing of flab, and a flabing of the victim’s left part of the flabing part of the flab, in which there was no open 14 days of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written diagnosis of injury, a damaged photograph, and a quotation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (nine times the same criminal records as the suspect, and repeated crimes, etc.);

1. Relevant Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage and destruction of property), the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the punishment is inevitable in light of the following: (a) the points of injury and damage to property against the elderly with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) the likelihood of criticism is not good in light of the details and methods of such injury and damage; (c) the fact that the victim did not receive an application from the victim; and (d) the fact that there has been a history of being punished several times

However, the sentencing as shown in the argument of this case is based on the following records: the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc.