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

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

Punishment of the crime

On July 12, 2017, the Defendant damaged the Defendant’s “D Real Estate” operated by the Victim C (FF) in Suwon-si, Suwon-si, 18:00 on July 12, 2017, on the ground that the Defendant reported the Defendant, who was under the influence of alcohol at the morning on the same day, reported the Defendant’s 112 report on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 44-2, and Article 2-3 subparag. 2 of the Medical Care and Custody Act (in addition, the Defendant had been imprisoned at the time of committing the instant crime, and the police box under the jurisdiction seems to have frequent frequency of the State, to the extent that he/she can be recognized as a habitual junor at the time of committing the instant crime.

In addition, even before the instant case, the Defendant was punished two times of imprisonment with prison labor, three times of suspended sentence of imprisonment with prison labor, and 27 times of fine for the crime related to violence and insult, and a considerable number of of the crimes among them seems to have been committed in the state of the Defendant.

Comprehensively taking account of such circumstances, the reason for sentencing is that the Defendant is deemed to have a habiting habit or a person addicted to alcohol, and the risk of recidivism and the need to receive outpatient treatment are also acknowledged).

1. Where the application of the sentencing criteria [the scope of the recommended sentence] general standards and the area of mitigation (one to six months), the area of mitigation (one month or six months), the punishment of a person who is not specially mitigated (including a serious effort to recover damage), or a significant damage has been restored;

2. The defendant who made a decision of sentence has no longer been punished by the victim by agreement with the victim;

The defendant has no record of punishment since 2015.

The defendant acknowledges his wrongness.

However, the defendant was punished by imprisonment with prison labor, three times of imprisonment with prison labor, and a fine of several times.