Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Attached Form
The same shall apply to the facts charged.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to damaged parts and photographs of damaged areas;
1. Relevant Articles 257 (1), 314 (1) and 366 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of applicable sentences under Acts: From January to June 10; and
2. Scope of recommended sentences according to the sentencing criteria;
(a) Where the mitigated area (two to one year), the mitigated area (including special mitigation), the punishment is not imposed (including serious efforts to recover damage), or considerable part of damage is recovered;
(b) Class 2 crime (Interference with Business) (Scope of Recommendation) and category 1 (Interference with Business) (1 to 8 months) (including specially mitigated persons), the area of mitigation, (1 to 8 months), the area of punishment not to be imposed (including serious efforts to recover damage);
(c) Where the mitigation area (i.e., month or six months), the mitigation area (ii) of Type 1 (i.e., destruction and damage, etc. of property) (i., special mitigation), the punishment not (including serious efforts to recover damage), or a significant damage has been recovered;
(d) The scope of final sentence due to the aggravation of multiple offenses: two months to one year and six months; and
3. Determination of sentence: A sentence of imprisonment with prison labor for six months is inevitable in light of the fact that the defendant commits the crime of this case while he commits the same crime in the period of suspension of execution.
Specific punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the details and methods of crimes, degree of damage, etc.