A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

In a state that the Defendant lacks the ability to discern things or make decisions due to the on-site illness, etc., on June 18, 2017, around 16:58, the Defendant damaged the victim’s property by having him/her cover repair expenses, which are not known of the cost of the on-site due to a glass disease cited in front of the house of the Seoul Seocho-gu Seoul apartment, and the victim D, 105 Dong 302, which led to his/her hand, and caused the damage to the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and CCTV images;

1. Application of Acts and subordinate statutes to certificates of admission and discharge, copies of medical records;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mental and physical weakness) of the Criminal Act mitigated by law;

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

1. Reasons for sentencing under Article 62-2 (1) and (2) of the Criminal Act, Article 44-2 (1) of the Medical Treatment, Care, etc. Act, and Custody Order for the observation and treatment of the protection;

1. The scope of punishment by law: Imprisonment with prison labor for 15 days and one year and six months; and

2. Application of the sentencing criteria;

(a) Determination of types: Destruction of damaged crimes (type 1) / Property damage, etc.;

(b) Special sentencing factors: [Mitigation elements] mental and physical weakness (no one shall be responsible);

(c) The sphere of recommendation and the scope of recommended sentences: Reduction field, imprisonment for not more than six months;

3. Circumstances disadvantageous to the determination of sentence: Unagreements, the records of punishment for the same kind of crime have three times, and in particular, the records and trial process of this case, such as the defendant's age, sex behavior, occupation, environment, family relationship, motive and means of the crime, circumstances after the crime, etc., are revealed in the following process: (a) the victim's present door was punished by a fine of KRW 700,000 and KRW 500,000,00,00, in addition to the victim's present door on November 18, 2016 in addition to the crime of this case on the same manner as the crime of this case on November 1, 2016.