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

On July 24, 2016, at around 22:20, the Defendant destroyed the property to cover KRW 442,860 of the repair cost by putting out of the convenience store operated by Dongdaemun-gu Seoul Metropolitan Government C victim D with an employee not to cover tobacco credit, and putting out of the convenience store with approximately KRW 2m X 0.5m) the head of the convenience store ( approximately approximately 2m X 0.5m).

At around 22:50 on the same day, the Defendant, when intending to smoke in the above convenience store, was able to change a horse to his employees, but was able to boom the floor of the convenience store in his hand and damaged the property so that 438,400 won can be moved to the employees.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes to a investigation report (Submission of a written estimate, etc. of damage);

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] general standards and the area of mitigation (one month to six months), the area of mitigation (including special mitigation] of punishment (including serious efforts to recover damage); and

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into his own crime and is against himself, and the victim is paid KRW 80,00 after the prosecution, etc., and the written agreement in which the victim's intention not to be punished has been submitted, etc. is disadvantageous: The defendant's convenience store in the operation of the victim is changed, and the victim's free will is changed.