A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On February 6, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for damage to official documents in the original branch of the Chuncheon District Court, and completed the execution of the sentence on October 22, 2014.

[2] On October 7, 2016, around 05:30 on October 7, 2016, the Defendant: (a) destroyed the Victim D, who was under the influence of alcohol in front of the E cafeteria operated by the victim D, by setting up two pilings in an amount equivalent to KRW 4,500, the market price of which is the victim’s possession; (b) two pilings in an amount equivalent to KRW 3,000, the market price; and (c) two bicks in an undeveloped area in the city.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on investigation;

1. Photographs description (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of Acts and subordinate statutes to investigation reports (verification of repeated crimes);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

1. The Defendant and his defense counsel asserts that the punishment should be mitigated on the grounds that the Defendant was in a state of mental and physical weakness by drinking alcohol at the time of committing the instant crime.

In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s attitude of statement, etc. acknowledged by the evidence duly adopted and examined by the court, the Defendant was under the influence of alcohol to a certain extent at the time of the instant crime.

Even if so, there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

Defendant

And his defense counsel's above assertion is rejected.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

At least 10 times for the same type of crime, such as being sentenced to a decision that suspends the execution of imprisonment with labor on three occasions or more for the crime of damage to property.