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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On April 20, 2018, the Defendant: (a) sought to drink alcohol in front of the D cafeteria operated by the victim C, Daegu-gun, Daegu-gun, at night; (b) reported that the door was locked without doing business; and (c) destroyed the glass part of the entrance installed at the entrance, thereby destroying the entrance owned by the victim to cover the repair cost of KRW 300,000,000.
2. The Defendant: (a) opened the entrance door at the time and at the places described in the foregoing paragraph 1(1) as above, with an opportunity to shoulder the glass part of the entrance door; (b) opened a corrective device by putting the hand in a shoulder part; and intrusion upon the entrance to the room of the said restaurant through the entrance; and (c) intruded the building that the said victim dumped and dumped in the room; and (d) intruded the building.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. C’s statement;
1. Application of damaged photographs and on-site photographs statutes;
1. Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the selection of fines for crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the following: (a) the Defendant, on March 17, 2017, committed the instant crime, even though he/she was sentenced to a suspended sentence for one year of imprisonment due to a special injury under Article 334(1) of the Criminal Procedure Act by the Seo- Branch Branch of the Daegu District Court (2017 Go-Ma313), and was sentenced to a suspended sentence after the judgment became final and conclusive on September 16, 2017, it is necessary to strictly punish the Defendant.
However, it is hard to say that the defendant's mistake is recognized and the defendant complained against his mistake, that the victim has agreed with the victim (the victim does not want to punish the defendant but want to do so), that the degree of damage is relatively minor, that is a contingent crime, and that the defendant's economic situation is difficult.