A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

The defendant is a person engaged in construction business, and is between the victim B and the victim B.

At around 22:50 on January 12, 2020, the Defendant: (a) destroyed the back door glass of the driver’s seat of the Estststren Estren vehicle owned by the victim B, which was parked at the public parking lot located in Gyeyang-gu Incheon, Gyeyang-gu, and D Child Care Center; (b) opened the door of the vehicle; and (c) cut off one colorphone equivalent to KRW 1,00,000 at the market price owned by the victim, which was kept in custody, and one half cycle of KRW 2,10,000 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as the scene of the processing of the case reported by 112 and the photograph of the destruction of damaged vehicles (Evidence No. 3, 4, 11, 13, 17 No. 17);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Six months to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] of the thief for general property [the Class 2] general larceny [the person subject to special sentencing] mitigated element of the punishment: In the case of carrying a lethal weapon, or in the case of intrusion (the territory of recommendation and the scope of the recommended punishment] into residence damaged at night or into night-time damaged structures, etc., the basic area of the punishment, six months through one year and six months.

3. The crime of this case committed by the Defendant with a deadly weapon, broken the glass window of the vehicle, and took a theft with one colorphone in an amount equivalent to one million won in the market value of the victim’s possession and one half cycle equivalent to 2,100,000 won in the market value of the vehicle. In light of the substance of the crime, the criminal liability is heavy, and the Defendant’s details of the crime and the method of the crime are not good, and the circumstances unfavorable to the Defendant are recognized.

However, the defendant led to the confession of the crime of this case.