A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2014. 3. 12. 00:20경 서울 중랑구 C에 있는 피해자 D이 운영하는 ‘E’ 체형교정 업소 내에 찾아가 피해자에게 ‘하룻밤 잠을 자겠다’고 하였으나 피해자가 거절하였다는 이유로 화가 나 그곳에 있던 위험한 물건인 망치로 위 업소 출입문과, 탁자, 프린터 등을 때려 부수어 피해자의 재물을 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the photograph of damage, protocol of seizure and seizure list;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defense counsel on the assertion of counsel under Article 62(1) of the Criminal Act asserts to the effect that the defendant was in a state of mental disability under the influence of alcohol at the time of committing the crime.

However, in light of the circumstances such as the background and method of the crime indicated in the record, the contents of the crime, and the behavior of the defendant before and after the crime, it is recognized that the defendant was under the influence of alcohol at the time of the crime, but it does not seem that the defendant did not have the weak ability to discern things or make decisions. Therefore, the above assertion is rejected

The reason for sentencing is that the accused is punished for similar crimes.

Provided, That the punishment shall be determined as ordered in consideration of the fact that the victim actively does not want punishment, the fact that the victim committed the crime of this case by chance under the influence of alcohol, etc.