A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 22, 2016, at around 22:00, the Defendant: (a) placed in front of the E cafeteria operated by the victim D in Busan Seo-gu, Busan, for the reason that the victim had mind for others; (b) placed in front of the above E cafeteria with the Defendant’s hand on the ground that the victim had mind for others; (c) broken off the entrance door door door, which is the victim’s possession; and (d) laid down two windows, which are the victim’s side of the E cafeterias around it, on the ground that the victim was able to do so.

Accordingly, the Defendant destroyed three glass windows equivalent to 100,000 won at the market price owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A report on the occurrence of an event (damage to property), a criminal investigation report (Attachment to a quotation), a receipt, and a criminal investigation report (Listening to the statement of the FIE);

1. Application of two Acts and subordinate statutes to two copies of a photograph of damaged scene;

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. The defendant and the defense counsel's assertion and judgment of the defendant under Article 62-2 of the Criminal Act for the observation of protection and observation, and the defendant and the defense counsel asserted that there was no string of the victim's windows, such as the above facts constituting the crime.

However, according to the evidence above, it is recognized that the defendant shouldered the window, and in particular, there was no reason or opportunity for other person than the defendant to shoulder the window of the victim.

Since the defendant and the defense counsel are seen, the above argument is not accepted.

Circumstances unfavorable to the reasons for sentencing: The sentence shall be determined as ordered in consideration of the above various circumstances, the age, character and conduct, environment, etc. of the defendant, including the fact that the defendant has a large number of criminal records related to violence, the fact that the damage has not been recovered completely: the minor amount of damage, and the fact that the defendant has been punished three times before and after 2010.