A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 11, 2017, at around 13:00, the Defendant destroyed the above sex state by causing stress to the Defendant for three (3) years, on the ground that D, which manages the above sex party in Gyeyang-gu Incheon Gyeyang-gu, located in Gyeyang-gu Incheon, had a ice on the sexual appearance managed by the victim E, and caused a ice in the sex state managed by the victim E.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. E statements;

1. Application of Acts and subordinate statutes governing the scene of damage;

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

1. As to the assertion of the Defendant and his defense counsel under Article 62(1) of the Act on the Suspension of Execution, the Defendant and his defense counsel had a physical and mental loss or mental weakness at the time of committing the instant crime due to a thio

Inasmuch as the argument is asserted, it is difficult to accept the above argument since it is recognized that the defendant suffers from a dynamic disorder, but it does not seem that the defendant did not have or lacks the ability to discern things or make decisions.

Reasons for sentencing

1. Where the sentencing criteria [the scope of recommended punishment] [the range of recommended punishment] set forth in Category 1 (Destruction of Property, etc.] and the mitigation area (one to six months), the punishment of a person who has been specially mitigated (including a serious effort to recover damage), or considerable damage has been restored;

2. The Defendant was prosecuted in the instant case when he reported to the police about the last damaged part of the sentence, by inserting garbage, composts, etc. on the sexual appearance of C sexual party three times.

The damage is not less severe, but the sexually related persons want not to be punished by the defendant, but wish to prevent the recurrence.

It seems that there is a lack of self-regulation due to the confession of the defendant and the suffering of the loss from the disability, and the defendant has no criminal record of suspended sentence of imprisonment or more.