Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On August 9, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for murder in Seoul Northern District Court, and is currently pending in the appellate court.
1. On August 13, 2017, the Defendant damaged special property is found in a general restaurant with the trade name of “E operated by the victim D (V, 68 years of age) in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, for the reason that the victim does not open the door,” and thus, “B. Na, Sc and Death shall be discarded.”
"The reduction of knife" shall be discarded.
"Cement block, which is a dangerous object in the surrounding area, putting cement block, which is a dangerous object such as "," and cut off the entrance.
Accordingly, the defendant carried dangerous articles and damaged the entrance knife of the victim's possession to be 40,000 won of repair cost.
2. The Defendant, at the same place around 16:50 on the same day, takes the same attitude of gathering bricks, which are dangerous objects around the same victim, by hand, on the ground that the same victim does not open a door to himself/herself, and “I want to go to a prison.”
The death shall be discarded by tamping the knife so as to cover the knife.
“The victim had expressed a desire, such as “,” thereby threatening the victim.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A detailed statement of the processing of reported cases;
1. A damaged photograph;
1. Application of the written estimate statutes;
1. Relevant Articles 369(1) and 366 of the Criminal Act concerning the facts constituting an offense (a point of destruction of special property), Articles 284 and 283(1) of the Criminal Act (a point of special intimidation) and the choice of imprisonment with prison labor;
1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: (a) the Defendant used bricks to threaten the victim and to damage property with cement block considerably high risk; and (b) the Defendant was detained as a preliminary crime for murder and committed the instant crime in favor of the fact that the Defendant was released.