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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 04:00 on November 15, 2015, the Defendant found the victim C’s main points in Bupyeong-gu Incheon Bupyeong-gu, Incheon around 04:00, and obstructed the victim’s main business by force, such as taking the victim’s desire to take care of the victim on the ground that the victim did not receive a telephone, cutting the beer’s disease on the inner floor of the air condition, and destroying the beer’s disease.
around 05:50 on January 29, 2016, the Defendant destroyed that the amount of repair costs equivalent to KRW 302,000 on the ground that it is not good for the Defendant to grow up on the roads front of the Nam-gu Incheon Metropolitan City E under the influence of alcohol.
Summary of Evidence
"2015 Highest 8072"
1. Statement by the defendant in court;
1. C's statement by the police '2016 Senior 1041';
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes, such as photographs of damaged vehicles, and reports on investigation (verification of damage);
1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Type 1 (Interference with Business) (Interference with Determination of Type) (Interference with Business) - Class 1 (Interference with Business) (Special Sentencing Person): Reduction element - Reduction element - Aggravation element: Where the degree of interference with business is serious (Determination of the area of recommendation between June and June); Basic area (Determination of the area of recommendation between June and June);
2. Class 1 (Persons subject to Special Sentencing) of the General Standards for Destruction (Destruction of Property) - Reductions: Non-permanent reductions (Determinations in the recommended sphere) (Determinations from January to June) of the mitigated area (Determinations in the recommended sphere) of punishment;
3. The result of the increase in the final scope of sentence by majority of crimes (as a result of the increase in the upper limit of crimes No. 2 of the upper limit of crimes No. 1): Six months to one year [whether suspended execution is suspended or not]: positive previous crimes of the same kind: non-criminal penalty, contingent crimes, and serious half of the total amount.