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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 04:20 on August 1, 2016, the Defendant damaged the said vehicle to cover repair costs of approximately KRW 1,300,000,00,000, by throwing a small bottle, which is an object dangerous to the front glass of the vehicle of the Eclova Ba, owned by the victim D, that was set up in front of C located in Gangwon-gun, Gangwon-gun, Gangwon-gun, the Defendant destroyed the said vehicle.
2. A special intimidation: (a) the Defendant listened to the sound that damages a vehicle at the time, place, such as the date, time, and place described in paragraph (1), and (b) expressed the victim’s attitude of 20cc in a knife, which is a dangerous object, and by taking the knife knife (20cc in a knife length) toward the victim, thereby threatening the victim as soon as possible.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of each police statement related to D and G;
1. Police seizure records;
1. A report on investigation (Submission of a written estimate or facsimile for a victim);
1. Application of Acts and subordinate statutes on the spot and damaged photographs;
1. Relevant 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 a crime, and the choice of a sentence;
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. Probation and community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Where the mitigated area (referring to four months of imprisonment or one year from the date of special mitigation), the punishment of a person not subject to punishment (including serious efforts to recover damage), or considerable damage has been restored to a certain part of a crime of special intimidation (Scope of Recommendation).
2. The mitigated area (limited to four months of imprisonment or 10 months to 10 months), the mitigated area (including specially mitigated persons), the penalty not (including serious efforts to recover damage) or the considerable part of the crime of destroying special property (limited to punishment), the habitual, repeated, and special damage and damage.