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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is residing in the second floor 201 of his own Government City C, and the victim D (36 years of age) resides immediately next to the defendant's residence, and the defendant has a big complaint about the defendant's living together with his/her woman who is suffering from a dispute with his/her living together with him/her.
On July 12, 2015, the Defendant was living in front of the victim’s residence on July 12, 2015, and there was a misunderstanding that the victim was slicking in the state of drinking despite the victim’s absence of any particular noise, and that he was in possession of the kitchen knick (the total length of 33.5cm, 21cm, 1cm, and flick) which is a dangerous object in the Defendant’s house, and sent out of the victim, but the victim did not respond at all, and the victim did not have any response, the Defendant destroyed the kitchen knick with the kitchen knick that was installed in the victim’s house window, under the pretext of replacing the shock network, and then damaged the kitchen 50,00 won.
As above, the Defendant continued to possess the kitchen knife even after the tear, and expressed the attitude that the victim would cause harm to the life, body, etc. of the victim when the victim does not respond to the request of the defendant by means of large sound.
Accordingly, the defendant, carrying dangerous articles, destroyed the victim's property, thereby impairing its utility, and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes on the spot and damaged photographs;
1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act on the Punishment of Violences, etc.;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;