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A defendant shall be punished by imprisonment for six 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 20, 2016, at around 12:00, the Defendant: (a) entered a restaurant called “D” operated by the Victim C (W, 55 years old) No. 101 in Guro-gu Seoul, Guro-gu, Seoul; (b) sought the victim to pack the victim; and (c) made the victim’s request for packing the victim; and (d) the victim’s request for the payment of the charge first; and (c) made the Defendant’s request for the payment of the charge first; and (d) removed the computer keyboard in the carcter, which was located in the carcter; and (d) destroyed the repair cost by getting off the display stand
2. The injured Defendant, on the same date, at the place as set forth in Paragraph 1, and on the part of the injured party, followed the injured party who escaped by the injured party, and followed the victim by drinking, and caused damage to the victim’s satise and satise of earway, which requires approximately two weeks of treatment to the victim by driving the victim’s head on the cell phone.
3. The Defendant obstructed the victim’s restaurant operation by force for about 40 minutes, such as by avoiding disturbance as set forth in paragraph 1(1) at the same time, at the same place, and as set forth in paragraphs 1 and 2, allowing the customers who were eating food at the above restaurant to get out of the restaurant.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement prepared in C;
1. Photographs of damaged articles;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of damage to property) 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, including observation of protection and community service order;
1. Crimes of inflicting bodily injury on the sentencing criteria: Imprisonment with prison labor for one month to one year (the general injury of a violent crime group shall be included in the mitigation area (special mitigation element: minor mitigation element): Imprisonment for not more than eight months (the mitigation area (special mitigation element: non-specific mitigation element)): Imprisonment for a crime of destroying property: Six months or less;