A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 24, 2018, at around 01:08, the Defendant: (a) took a pipe (120cm) that is a thing dangerous to the road in front of the "C" located in Daejeon Dong-gu, Daejeon; (b) was under the influence of alcohol and walk on the road; (c) the victim E, who driven a D vehicle, stopped the vehicle at the time of a locking; (d) when the victim E, who was driving the D vehicle, stopped the vehicle at the time of a locking, she gets off the front of the victim E-owned vehicle whose market price cannot be known due to the said decline pipe’s loss, and then damages it by cutting off the front of the vehicle owned by the victim G, where the market price cannot be ascertained by the said decline pipe.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of damage from E and G;

1. Application of the pipe photographs, damaged photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type] the special damage and damage [Type 1] that has no special damage and damage [the scope of the recommended area and the recommended punishment] (the scope of the recommended punishment], the basic area of the recommended punishment, and six months to one year and two months; and

3. Determination of sentence: The fact that the defendant has committed the instant crime in June, and the fact that the instant crime was committed in a state of drunken is favorable to the defendant.

However, the crime of this case was committed with a pipe, which is a dangerous object, and is not agreed with the victims, and its damage was not completely recovered, and the defendant has been sentenced to imprisonment with prison labor in consideration of the fact that there are two criminal records of suspended execution or more, in addition to a large number of fines, and that there is a lack of social relationship.