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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 March 18, 2018, the Defendant: (a) destroyed, in front of the victim D’s house located in Nam-gu, Nam-gu, Southern-gu, Seoul, the Defendant: (b) destroyed, without any reason, a broom with a broom, the victim’s possession; and (c) destroyed, without any reason, the fire-fighting of general goods, by attaching fire to the broom, and caused public danger that could be transferred to the said house.
2. On March 18, 2018, the Defendant, as indicated in the preceding paragraph at around 00:50, received a claim from E, the spouse of the said victim, which had a broom dust, and run away, and returned to the front of the said house, and entered the living room and intrudes on the victim’s residence.
Summary of Evidence
1. Statement by the defendant in court;
1. D's self-written statements;
1. Two copies of photographs and CCTV images CDs;
1. Application of the statutes on the list of seizure;
1. Relevant legal provisions concerning the facts constituting an offense and the prevention of general objects from the punishment: Violation of residence under Article 167 (1) of the Criminal Act: Article 319 (1) of the Criminal Act; the choice of imprisonment with prison labor;
1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the crime of fire-prevention of general goods with heavy penalty);
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from June;
2. Application of the sentencing criteria;
(a) Class 3 (Setting-off of General Goods) (Setting-off of General Goods) mitigated element: In the event that actual damage is minor, the punishment is not to be imposed [the scope of recommendations and recommendations] Special mitigated Area, three months to one year; imprisonment;
(b) No sentencing criteria are set for the crime of intrusion upon residence;
C. The scope of the revised final sentence: Imprisonment with prison labor for not less than six months (the crimes for which the sentencing guidelines are set and the crimes for which the sentencing guidelines are not set are set shall be set by the preceding part of Article 37 of the Criminal Act