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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
Criminal facts
On July 14, 2019, at around 10:15, the Defendant, at the residence of the victim C, who is the head of his hedged in Songpa-gu Seoul, on the ground that the victim does not open the door, attached a cover of the entrance entrance on the market price of the spitius due to the sprinking of the sprink, attached the front door by inserting the inner window, which is a dangerous object going out of the building, and broken the boiler string of the boiler, which is a wall that is a dangerous object, with the string of the boiler string of the boiler, and broken the kitchen window.
Accordingly, the defendant carried dangerous objects and damaged the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to on-site search questions (Evidence 2);
1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant is found in the house of a female-friendly job offering victim, thereby damaging the windows, etc. of the victim's house by inserting a insertion and a brick, etc. on the ground that the victim does not open the door. In light of the circumstances of the crime and the details of the crime, etc., the criminal liability is not easy.
In addition, even though the defendant had been punished due to violent crimes, he repeated the crime.
However, considering the favorable circumstances, such as the fact that the defendant is recognized as committing a crime, the victim does not want the punishment against the defendant, the defendant promises not to arrest the victim any longer, and there has been no criminal history exceeding the fine during that period, etc.
In addition to the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all other circumstances constituting the conditions for sentencing as shown in the trial process, shall be comprehensively considered and determined as ordered.