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A defendant shall be punished by imprisonment with prison labor 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.
Reasons
Punishment of the crime
At around 05:50 on May 18, 2019, the Defendant, in front of the “C” human resources office located in Yeongdeungpo-gu Seoul Metropolitan Government, left the said human resources office to separate a standing signboard managed by the victim D from the next support unit on the ground that the Defendant did not seek jobs at the said human resources office. At the same time, the Defendant shouldered two glass copies that could not be known of the market price that was set up immediately after the said stack.
Accordingly, the defendant damaged the property managed by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of D Statements and photographic Acts and subordinate statutes;
1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;
1. Scope of punishment by law: Imprisonment with labor for one month to three years;
2. Scope of the recommended sentence according to the sentencing guidelines (decision of a type) [Article 1] Property damage, etc. (including a person who has made a special appearance): Reduction element of the punishment (including a serious effort to recover damage), reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one to six months;
3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.
A favorable circumstances: The fact that the defendant recognized and reflected the crime of this case, the fact that the defendant seems to have committed the crime of this case by contingency, the fact that the damage is not significant, and the fact that the defendant agreed with the victim.