beta
Text
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From around 02:03 to around 04:11 on July 11, 2017, the Defendant: (a) opened a entrance that was not corrected in the “D” restaurant operated by the victim C, which had been located in the Southern Gun B from around 02:01; and (b) intruded into the said restaurant; (c) 30,000 won of the market price at the time of a door-to-door, which was located in the air conditioners, and cut off the said restaurant by 6 bottles in total at the market price of KRW 21,00.
2. On July 11, 2017, the Defendant damaged the property at around 04:25, the sum of the market price was 334,000 won by destroying the victim C-owned in the said restaurant cooling house, which was owned by the said restaurant C without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement made to C by the police in the protocol; and
1. Statement of estimated damage;
1. Application of the video Acts and subordinate statutes on the screen by capturing CCTV images;
1. Article 330 of the Criminal Act applicable to the crimes, the choice of punishment, and Article 366 of the Criminal Act (Optional to Imprisonment);
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 Code of the Suspension of Execution include two criminal records of the defendant, including the same kind of criminal records.
However, it seems that the defendant committed a crime by drinking, and there is no significant damage.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.
It is so decided as per Disposition for the above reasons.