A defendant shall be punished by imprisonment with prison labor for not more than ten 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.

Criminal facts

On April 7, 2017, the Defendant was living together with the victim D (V, 55 years of age) located in Ulsan-gu C, Ulsan-gu, Seoul-gu, Seoul-do, and the Defendant was living together with the Defendant.

F (F) on the ground that this communication does not become a breath, she was under the influence of alcohol, she was set off by one concrete brick, which is a dangerous object located therein, 402, 403 door gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate 402, 402 gate gate gate gate gate gate gate gate gate gate 1.

Accordingly, the defendant damaged the loss, windows, etc. owned by the victim so that the amount of 75,00 won is equal to the repairing cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. The application of Acts and subordinate statutes to an investigation report (in cases of attaching estimates for damage);

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

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

1. The reason for the sentencing under Article 62-2 of the Social Service Order Act [Determination of the type] of habitual, repeated, special damage [Attachment] [Special Sentencing Persons] - [Determination of the territory of recommendation] mitigation of mitigation elements / [Scope of recommendation] 4 months or 10 months / Major extenuating circumstances: where a person committed a crime with dangerous articles carrying with him/her, the main reason for the punishment is positive non-existence of punishment - The main reason for the suspension of execution - At least two times of negative crimes: the previous conviction (decision of the sentence] was sentenced to imprisonment with prison labor and a suspended sentence for several times of violent crimes; the defendant was sentenced to a fine; the defendant committed the crime of larceny, the crime of intrusion into structures; the defendant consented with the victim; the defendant's punishment was not imposed; the defendant was not detained; the defendant was detained for more than two months; and the defendant's punishment was taken into account for more than two years.