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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 31, 2018, at around 00:42, the Defendant destroyed the Defendant’s “C” page located in Jung-gu Seoul Metropolitan Government, which became an issue of victim D and customer contact with the victim, and caused the Defendant to tear up to 5,40,00 won in total, the market price of the victim’s possession located in the warehouse.
Summary of Evidence
1. Each legal statement of witness D and E;
1. Application of each investigation report (No. 3, 4, 9, 10, 24 No. 5 of the evidence list) statute;
1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The criminal motive or method of sentencing under Article 62-2 of the Social Service Order Criminal Act is very poor, and send text messages to the male-friendly group of the criminal defendant after committing the crime;
Defendant shall be punished by imprisonment with prison labor, taking into account the following circumstances: (a) the Defendant committed an act threatening the victim; (b) the Defendant did not at all reflect his/her criminal act; and (c) the Defendant expressed an attitude of warning the law in an investigative agency; and (d) the Defendant did not attend several times during the trial of the instant case, such as the time to attend the trial and the absence of any contact.
However, the defendant is the first offender who has no other criminal history, and the damage of the crime of this case is also significant.
Considering that it is impossible to execute the sentence, the execution of the sentence shall be suspended, and the accused shall be ordered to provide community service.