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A defendant shall be punished by imprisonment for four months and a fine of one hundred thousand won.
If the defendant fails to pay the above fine, 50,000.
Reasons
Criminal facts
1. On August 22, 2016, around 01:00, the Defendant damaged the property by opening a door, on the ground that the victim D, who is the owner of the house, was unreshed by putting the dried stand over to the air conditioners of the Defendant, while keeping the dried stand down in hand, and placing the victim’s residential entrance door in hand, and making the victim’s dwelling door open the door “I am I am I am I am I am I am I am.” However, the victim did not open the door and damaged the property so that 40,000 won of the cost of replacing the gate in several times.
2. On August 30, 2016, the Defendant: (a) under the influence of alcohol at places, around 21:50 on August 30, 2016, the Defendant: (b) demanded the victim to cut water leakage; (c) opened a door; (d) however, the victim did not open the door; and (e) obstructed neighbors by sounding sound with the entrance.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness D;
1. Statement made by the police with regard to D;
1. Application of Acts and subordinate statutes to a report on investigation (related to attaching a list of 112 reported cases);
1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment), and Article 3 (1) 21 of the Punishment of Minor Offenses Act (the point of nearby disturbance and the choice of fines);
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Articles 62(1) and 62(2) of the Criminal Act (a favorable circumstance among the reasons for sentencing as set forth below) is that the Defendant’s mistake against a part of the crime, and that the degree of damage caused by the instant property damage is not so significant is favorable to the Defendant.
On the other hand, the fact that the defendant has been punished for the same crime even before, and that the defendant has not agreed with the victim even until now is disadvantageous to the defendant.
(b) other.