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.

Punishment of the crime

On January 7, 2019, at around 23:57, the Defendant cut off one cell phone of the victim D's market value equivalent to 400,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV closure photographs and statutes on damaged objects;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [No. 1] thief [special stief] - mitigated factors, such as abandoned articles, etc. - mitigated factors: In the area of mitigation of punishment [the area of recommending and the scope of recommending punishment], in the area of mitigation of punishment, in one month to six months;

2. Determination of sentence: Imprisonment with prison labor for not more than four months, and a year of suspended sentence for not more than one year: The same criminal records and six times (including two times of suspended sentence) and three of them shall be the criminal records of a fine not exceeding the last five years;

The favorable circumstances: The crime of this case is recognized and reflected.

The victim agreed to pay 600,000 won to the victim.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, various circumstances revealed in pleadings, such as the situation after the crime, and the scope of recommended sentencing guidelines, etc. shall be determined as ordered by the order.