A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The Defendant was in a state of mental and physical weakness due to mental illness such as depression.

The defendant and the victim D are adjoining neighbors who reside in the village E in South Korea, and the defendant, around August 2016, built one building in front of the defendant's house and infringed the view right, and completed the building even though the defendant filed a civil petition, I think that if the defendant died within the victim's house, the victim would be able to suspend the construction of the building due to the reduction of responsibility, etc.

1. A special intimidation or special residential intrusion Defendant: (a) took one percent (12 cm a blade length) in excess of dangerous articles around 04:00 on October 16, 2016; (b) went back the victim’s house through windows to go against the victim’s hand and part of his/her ship inside the house; and (c) threatened the victim with the victim by using a test-type pen.

2. The Defendant damaged special property, as set forth in Paragraph 1, entered the victim’s house at a time and at a place as set forth in paragraph 1, and carried out the street glass, entrance and exit shock network, and entrance door shower, etc., which are dangerous objects that could not be set up, and continuously set the door door door-to the victim’s seat in the house, and turned off the network, and became knife with the road TV set.

Accordingly, the Defendant carried a dangerous object in excess of the market price of the victim owned by him and damaged the property, such as TV amounting to KRW 19.2 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act that prescribes the choice of punishment (a special intimidation, choice of imprisonment with prison labor), Articles 320, 319(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act;

1. Articles 10(2) and 55(1)3 of the Criminal Act to reduce mental and physical drugs.