A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 25, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special intimidation, etc. at the Chuncheon District Court on June 23, 2015, and the judgment became final and conclusive on December 23, 2015, and the execution of the sentence was terminated at Chuncheon Prison. On June 9, 2016, a retrial on the said final and conclusive judgment was commenced on August 25, 2016, and the said judgment became final and conclusive on September 2, 2016 after having been sentenced to ten months of imprisonment with prison labor for the same crime.

[2] On May 28, 2017, at around 16:40, the Defendant: (a) entered the said restaurant with the victim’s “E restaurant”; (b) without any justifiable reason, and (c) destroyed the above restaurant entrance in order for the victim to have the 180,000 won of the repair cost, such as the exchange of the cafeteria door, which is the victim’s possession of the cafeteria, by breading the victim’s body, the victim escaped; and (d) the victim escaped from the restaurant; and (e) b) was a tree chair (239cm in length, 42cm in height) which is a dangerous object in front of the restaurant.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (Attachment of on-site photographs);

1. Written estimate;

1. Previous conviction: Application of a written reply to inquiry about criminal history, reporting on the result of a previous conviction and confirmation of such previous conviction, reporting on investigation (verification of repeated crimes), reporting on investigation (Attachment to the current status of personal expropriation) to statutes;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the sentencing guidelines recommended: A person who is subject to special mitigation in the area of special mitigation (two months to ten months) for each category of habitual, repeated, and special damage (Habitual, repeated, special damage, etc.): A person not subject to punishment where actual damage is insignificant;

2. The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, as shown below the sentence, and other circumstances.

The favorable circumstances: