A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On July 8, 2018, at around 10:50, the Defendant, at the house of the victim D (Woo, 61 years of age) who is the mother of the Defendant located in Seongdong-gu Seoul Metropolitan Government, was living together with a string, which is a dangerous object under the custody of the Defendant at the home of the Defendant located in his/her neighborhood, and was accompanied by the Defendant’s clothes, booms, washing machines, television saws, etc., when he/she refused the demand of the victim to change the drinking value.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs of the scene of the case and the place of seizure;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] ; the group of damaged crimes; the special destruction of repeated crimes; and the mitigation factors of types 1 (special destruction) (special sentencing factors): Reduction factors of the punishment (the general sentencing factors): Serious half [the scope of the recommended punishment]: Imprisonment with prison labor for a period from April to October;

2. Determination of sentence (unfavorable circumstances) of this case: (a) the Defendant destroyed a laundry, etc., which is a dangerous object on the ground that the mother of the victimized person does not have the drinking value; (b) the Defendant committed a second offense despite the fact that the Defendant had been punished for a special injury resulting from an injury upon her mother’s care, despite the fact that she had been punished for a special injury by committing an injury upon her mother; (c) the Defendant’s mother, who is the mother of the Defendant, does not want punishment against the Defendant; and (d) the Defendant’s age, sex, environment, and circumstances are different from the above circumstances.