A defendant shall be punished by imprisonment for six 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

[Criminal Power] On February 27, 2019, the Defendant was sentenced to a suspended sentence of four months on March 7, 2019, for the crime of causing property damage in Daegu District Court racing support, and the judgment became final and conclusive on March 7, 2019.

【Criminal Facts】

On March 25, 2018, the Defendant: (a) around 18:50 on March 25, 2018, around 18:50 on the ground that waste in dry field C owned by the victim C was burned out in dry field; (b) on the ground that it was frying waste in dry field owned by the victim C, the Defendant carried agricultural crops, such as a wave, which was planted in the dry field owned by the victim, and caused the Defendant to set the bottom part of pine trees.

Accordingly, the defendant destroyed an object owned by another person and caused public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the police interrogation protocol of the defendant;

1. Statement made to D by the police;

1. A copy of each photograph, real estate attachment details, etc.;

1. Application of Acts and subordinate statutes to report internal investigation (fields), investigation report (related to suspect's speech and behavior, release of suspect, reasons for failure to verify the details of damage, attachment of photographs after fire extinguishment at the damaged site, hearing of victim's telephone statement);

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated due to the treatment of concurrent crimes;

1. Although the Defendant asserts that the Defendant’s assertion of the Defendant and his defense counsel regarding the allegation of the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing below), according to the real estate details, the payment confirmation of acquisition tax, and the written agreement on division of inherited property, etc., the Defendant’s assertion is rejected, since the land B when the instant crime occurred is obvious that it is owned by the victim.

Since the reasons for sentencing are concurrent crimes in the latter part of Article 37 of the Criminal Act, the sentencing criteria shall not apply.

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Determination of sentence: Six months of imprisonment; and