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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
1. On August 10, 2017, the Defendant committed the crime at around 14:00 on August 10, 2017, the Defendant destroyed the glass and shocked with the repair cost of KRW 90,000,00 for the benefit of KRW 90,000 for the convenience of the victim’s residence, who was the mother of the Defendant in his/her mother-child B in his/her own salary-gun B around 14:0 on August 10, 2017.
2. On August 10, 2017, the Defendant, at around 21:00 on the same day, demanded money from the victim D, who was a victim of the said C and the Defendant, at the place specified in paragraph (1) above around 21:00 on the same day, but refused to do so, the Defendant left the cellular phone owned by the victim and damaged KRW 48,182 on the floor so that the repair cost is 48,182.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to C and D;
1. Application of statutes on field photographs, estimates for damage to windows, and estimates for damage to Handphones;
1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The final scope of punishment due to the aggravation of offenses for which there are no basic area (from April to October) (any person who is subject to special sentencing) in the sentencing criteria [the scope of recommended punishment] and the general standard of sentencing (the scope of recommended punishment]: April to January, and March; and
2. The Defendant, on behalf of, is generally aware of and against his mistake.
A victim C does not want to be punished by the defendant.
The health of defendants is not good.
The defendant has no record of punishment since 2006.
However, in light of the motive and background of the instant crime, and the attitude of the instant crime, the nature of the crime is not good.
Although considering the fact that the victim C does not want the defendant's punishment, it seems that the victims' mental suffering has been considerable.
There are crimes of violence in the past, one time of suspension of execution, and one fine.
In addition, the defendant's age, sex, environment, and environment.