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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 14, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor at the Seoul Central District Court for assault, and the said judgment became final and conclusive on September 22, 2017.
On December 15, 2016, the Defendant: (a) laid the PC on the front side of the PC room, which was operated by the victim D, on the ground that the Defendant, around 23:55 on December 15, 2016, could not be known on the road in front of the PC room; (b) laid off the PC on the front side of the PC, and opened one window, which was installed on the said cab by hand, one burg, which was opened on the said cab.
As a result, the defendant damaged the victim's property in the amount of KRW 538,00.
"2017 Highest 1768"
1. Around 22:05 on February 17, 2017, the Defendant: (a) obstructed the management of the Victim G (V) located in Mapo-gu Seoul Metropolitan Government F on the ground that the Defendant talks with his father at the H’s specialty store while talking with his father, the Defendant interfered with the management of the victim’s specialty store by force by avoiding the disturbance of about 10 minutes, such as “Cyp typ typ typ typ typha and blap, and booming the table, and cutting off and cutting off the table, thereby interfering with the management of the victim’s specialty store.
2. The Defendant damaged property by inserting disturbance as above at the date and place specified in paragraph 1, and then 208,000 won at the market price of the victim corporation, singular, Inc., Ltd., which was owned by Italian, was loaded on the floor and damaged by incidental equipment.
Summary of Evidence
"2017 Highest 499"
1. Statement by the defendant in court;
1. Written statements of D "2017 Highest 1768";
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. "Prior records of judgment" of the I;
1. Application of Acts and subordinate statutes to inquiries about criminal history and to search a net case;
1. Relevant Article 366 of the Criminal Act, Articles 314 (1) and 314 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
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. The reasons for sentencing under Article 62(1) of the Criminal Act, even though the defendant was punished as his previous forces, shall also commit each crime.