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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
1. On February 1, 2017, the Defendant: (a) operated the Victim D (49 years of age) located in Jeju Island around 12:00 on the ground that the Defendant had been ordered to repair the defect in the above store toilets, but did not make the payment, the Defendant destroyed the property by putting one lid of the two sides of the amount equivalent to KRW 150,000, the market price of the victim’s possession, which is installed in the male toilet, and one lid of the amount equivalent to KRW 22,000, the market price, which is 150,000, respectively; and (b) thereafter, the Defendant destroyed the property by taking out the parts, such as putting the victim’s share of KRW 133,00,00, the market price of the victim’s possession on the part of the above employee, which was the victim.
2. The Defendant interfering with his duties shall not operate any business on a regular basis for the customers who damage the property at the time, at the place, as described in paragraph 1, smoke in the store, and read “the president and d.,” and enter the door room in front of the entrance.
The victim interfered with the functions of the store operation of the victim by avoiding the disturbance between about 20 minutes, such as prohibiting access.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to D or F;
1. Complaint;
1. On-site photographs;
1. A criminal investigation report (at the time of dispatch to the scene);
1. 112 A list of reported cases;
1. Application of Acts and subordinate statutes on transaction specifications, tax invoices, and estimates;
1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 366 of the Criminal Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment;
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. The observation of protection and the reason for sentencing of Article 62-2 of the Social Service Order Act are all considered, but the following circumstances should be taken into account, in particular, given the following circumstances: A favorable circumstance: (a) the amount of damage caused by the damage of property is relatively minor; and (b) the amount of damage caused by the damage to property is considered relatively minor: A business store used by many people during