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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 29, 2019, the Defendant: (a) around 21:30 on October 29, 2019, the Defendant: (b) while drinking together with the other party, who frighted in the Da-dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (c) caused a dispute with the other party, and (d) caused the damage of the market value, which is the victim’s property, by putting the fright of light into the CCTV monitor located in the Kabter, and destroying the screen.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Application of statutes on site photographs;
1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
2. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than three years;
2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than four months but not more than ten months (decision of a type): General criteria [No person in charge of causing damage to property], damage to property, etc. [the scope of decisions and recommendations in the recommending field] fundamental area: From four months to not more than ten months.
3. While the Defendant was in dispute with the offender, it is not good to commit a crime by destroying a free door and CCTV monitor of a victim who is not any superior without any particular reason.
The victim was unable to receive a letter from the victim.
These circumstances are disadvantageous to the defendant.
However, the defendant shows an attitude to recognize and reflect the facts of crime.
The defendant's crime seems to have been committed under the influence of alcohol.
In addition, comprehensively taking into account the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances before and after the crime, etc., all the sentencing conditions shown in the arguments in this case shall be determined as ordered.