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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 8, 2016, at around 00:30, the Defendant: (a) laid a bicycle owned by the Defendant, which is an object dangerous to the EKaren car owned by the Defendant, parked in the front of the “C State store” set forth in the “C State store,” located in the Jeju Island B, without any reason, and damaged the said car package to cover approximately KRW 400,000,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A report on investigation (report related to a written estimate of damage) and written estimate;
1. Application of related Acts and subordinate statutes to photographs;
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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Where the scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] is habitually, repeated crimes, and special damage therefrom are restored to one category (Habitual, repeated crimes, special damage, etc.) (from April to October), the area of mitigation (including special mitigation), the area of punishment not for the punishment (including serious efforts to recover damage), or a significant damage is restored;
2. Determination of sentence: The Defendant’s age, sexual conduct, environment, means and consequence of the commission of the crime, circumstances after the commission of the crime, two sentences in similar cases, and other various sentencing conditions specified in the argument of the instant case should be considered. In particular, the following circumstances should be considered: (a) the Defendant committed the instant crime by gathering a passenger car on board without any justifiable reason; (b) there is a high possibility of criticism in motive for the crime; and (c) there is a high risk of risk of the method of the crime; (d) the Defendant repeatedly commits the instant crime by repeatedly committing the instant crime, such as committing the crime of property damage, etc. on May 15, 2014; and (e) the Defendant had a history of criminal punishment of KRW 50,00,000 for property damage on September 8, 2015; and (e) even if there was a history of criminal punishment of KRW 500,000 for property damage on September 8, 2015.
The favorable circumstances: The defendant recognizes the crime of this case, and the defendant agrees with the victim at the investigation stage.