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A defendant shall be punished by imprisonment for not less than five 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
At around 20:50 on August 23, 2017, the Defendant borrowed D money from around C, located in Cheongdo-gun, Cheongdo-gun, Cheongdo-do-si, and then rejected, the Defendant saw C, which is a dangerous object at which D’s husband is located, and caused the damage of the said car by 1260,000 won in front of the said car, which is a victim (ju), a company with D’s husband, and a company with D’s husband (38 cm, vertical length: 95 cm). Around 21:40 on the same day, the Defendant saw C, a block (which is deemed as cement material, street: 20 cm, vertical length: 15 cm), which is a dangerous object at the same place, and used the block (which is 1.60,000 won in front of the said car).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Reports on internal investigation (the photographs of damaged vehicles and damaged tools);
1. Application of the written estimate statutes;
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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant, in the instant case, seems to have been under investigation by the police after leaving the first vehicle glass and to have been under investigation by the police again, and that there is a strong risk of committing incidental crimes or violence, and the fact that there is a substantial risk under the Act on the Punishment of Crimes in this case is disadvantageous.
It is favorable that the defendant and the victim agreed that the victim did not want the punishment of the defendant, that the victim did not want the punishment of the defendant, that the victim did not occur frequently, that the defendant did not have the same criminal records and is only sentenced to a fine related to traffic, and that the defendant is against the law
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.