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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 22, 2017, the Defendant destroyed and damaged a water reservoir equivalent to 70,000 won at the market price, which was installed on a table, in the “E” restaurant for the victim D’s operation, when light lighting around 04:50, without any reason, while drinking alcohol.
2. On June 22, 2017, the Defendant who damaged public goods was arrested as a flagrant offender at around that time due to the same criminal facts as set forth in paragraph (1) and damaged goods used by the government offices so as to cover repair costs in incidental market prices by placing the chair at the bottom of the 5 luminous Police Station type and office, which was digitalized at around 07:10 on June 22, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Domestic investigation reports (including statements and addition of the name of a crime), each investigation report (damage to a suspect's public use of goods, damage to property, CCTV), and each photograph (the defendant and his defense counsel were immediately after the brain operation of the defendant at the time of the crime in this case, and were in a mental and physical state due to the spread of the defendant;
As such, according to the above evidence and the medical certificate submitted by the defendant, the defendant was diagnosed by blood transfusion, etc. around January 2017, and undergone brain surgery. It is recognized that the defendant was under the influence of alcohol at the time of the instant case, but such circumstance alone has a difficulty in the defendant's ability to discern things or make decisions.
The above argument is not accepted as it is difficult to view it.
1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act that selects a punishment ( point of damage to property), Article 141 (1) of the Criminal Act ( point of damage to public property) and choice of imprisonment, respectively;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Confession of the reasons for sentencing under Article 62-2 of the Criminal Act, pening, degree of minor damage, efforts to reach an agreement with the victims or recover damage, and other age, occupation, family relationship of the accused.