A defendant shall be punished by imprisonment for four 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

Around 04:00 on September 7, 2020, the Defendant destroyed the back of a cell phone in a way of cutting off S10 cellphones on the floor in a gallon, which was used by the victim, on the ground that the victim was under drinking together with the victim at the victim D’s house located in Yongsan-gu Seoul building B, Yongsan-gu, Seoul, and on the ground that the victim requested the victim to return home.

Summary of Evidence

1. S10 photographs (in the vicinity of the victim D and the site of the case, before the victim D or the site of the case) in a gallon with each legal statement of witness D and E;

In full view of the circumstances such as the fact that the defendant, who became aware of the fact that the police is being located immediately after the case, was kept in his/her own possession and immediately leaving the scene, the defendant can sufficiently recognize the fact that the defendant collected the victim's personal phone and damaged it as stated in his/her decision.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [ favorable circumstances] was paid to the victim KRW 1,807,00 and agreed with the victim.

[Unfavorable circumstances] There are several records of criminal punishment such as obstruction of the performance of official duties, suspension of the execution of imprisonment and fine due to violence, etc.