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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On October 1, 2019, the Defendant damaged the victim’s property by destroying the victim’s property at the D restaurant operated by the victim C (59 years of age) located in the Busan East-gu, Busan-gu, 201, 4, 12, 12, 1, 2, 1, 1, and 2, and 2, the market price of the victim’s property because the victim’s identity was collected from the cafeteria without any reason under the influence of alcohol.
2. The Defendant interfered with the business of the Defendant, at the time and place indicated in Paragraph 1’s “(1), interfered with the business of the victim’s restaurant business by force for about 20 minutes by avoiding disturbance, by setting aside the disturbance, such as putting the chair of the chair and her table, putting off his clothes, and marching off his clothes.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Application of statutes on site photographs;
1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for the crime;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.
3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.
1. The scope of punishment by law: A fine not exceeding 22.5 million won;
2. Non-application of the sentencing criteria: The sentencing criteria shall not apply by selecting fines.
3. While under the influence of alcohol, the Defendant, without any particular reason, destroyed the chill in a restaurant operated by the victim and damaged the table, table, contact, etc.
In case of field photographs, the degree of difficulty is serious and the quality of crime is not good.
However, the defendants recognize all the crimes of this case and repented the wrong facts.
In agreement with the victim, the victim shall not want the punishment of the defendant.
The fact that the body of a victim has not been exercised by violence, and the age, character and conduct, environment, relationship with the victim, and crime.