beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
[criminal records] On August 22, 2014, the Defendant was sentenced to a suspended sentence of two years for ten months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (damage to property, such as a group, deadly weapon, etc.) at the Suwon guard method, and on February 2, 2016, the Defendant was sentenced to a punishment of one year and two months of imprisonment with prison labor due to a crime of interference with business in the same court, and on March 31, 2016, the sentence of the suspended sentence was invalidated on the ground that the judgment became final and conclusive on March 31, 2016, and the execution of the said sentence was completed in the previous prison on May 14, 2017
1. On June 11, 2017, at around 00:30, the Defendant damaged property: (a) entered the E convenience store managed by the victim D in Osan City, 00,000 won in total; (b) according to the calculation of small 4 Byung-ju, 100 won in the market price; (c) the victim D’s blick paper containing the above goods without calculating the principal in plastic sealing; and (d) caused the damage to the said goods by putting the said goods in plastic bags and placing them on the front of convenience points.
2. The Defendant: (a) around 14:55 on June 11, 2017, at the H “H” restaurant managed by the victim G located in Osan-si F on the ground that the Defendant does not provide food to the Defendant’s family; (b) the Defendant took out golf loans, which are dangerous articles previously held by the Defendant, and “to be attached at all times” in which the victim was the operator of the said H restaurant, and duly adopted and examined the evidence by this court, the victim G described as the victim of the crime of special property damage among the facts charged is merely an employee of H restaurant; and (c) the owner of the damaged article by the Defendant appears to be the operator of the H restaurant.
However, in this case where the defendant led to this part of the crime, there is an obstacle to the defendant's exercise of his right of defense as to correcting the victim of the crime of destruction of special property to the operator of H restaurant.
Therefore, criminal facts are recognized as such.