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A defendant shall be punished by imprisonment with prison labor for up to six 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 June 30, 2020, the Defendant damaged property: (a) around 16:15, the “D” restaurant operated by the victim C (n, 61 years of age) in P, on the ground that the victim wishess the seat of the Defendant at P, and (b) in a manner that the victim, while under the influence of alcohol, takes two trustees in the above restaurant in his/her hand, 15,000 won in contact with the total market value of KRW 100,000, 5, 5, 5, 5, 5, and 5, respectively.
Accordingly, the defendant damaged the property owned by the victim.
2. At the time, at the place, as described in the above 1. Paragraph 1. at the time, at the place, the Defendant, as described in the above 1. Paragraph, 1. Track the well by breaking the table, be scattered into the restaurant floor of the above restaurant by breaking the ker, beer, beer, and be scattered. The Defendant, at the same time, runs away from the police room.
“A sound,” etc. for about 10 minutes, which led customers who had been in the place to leave the restaurant, and prevented other customers from entering the restaurant.
Accordingly, the defendant interfered with the business of the victim's restaurant operation by force.
Summary of Evidence
1. To report internal investigation reports (in mobilization status, attachment of photographs) to the defendant's legal statement C, the scene, and the destruction of damaged articles;
1. Application of Acts and subordinate statutes to criminal investigation reports (victims related to the submission of written estimates);
1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of theo Criminal Act (Interference with business, Selection of Imprisonment) against criminal facts; Article 366 of theo Criminal Act (Destruction of property and Selection of Imprisonment with labor);
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. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)
1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act, the crime of this case is not likely to be committed, taking into account the violence of the crime of this case, many criminal records of the same kind and the fact that the victim was not
However, the sentencing factors are favorable to the fact that the defendant seems to have an attitude against the defendant, and the scale of damage is not so big.