A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 13, 2018, at around 10:05, the Defendant 10:05, performed alcohol at “Dcafeteria” operated by the victim C in Jung-gu Seoul Metropolitan Government, and boomed the brick, which is a dangerous object of the said restaurant, while smoking tobacco, and collected through three times in total, the Defendant collected the glass of the restaurant, which led to a total of KRW 280,000 of the repair cost, so that the strings of the victim E, who performed meals in the said restaurant, may cut off to the inside of the restaurant, thereby causing danger to the life or body of the victim E.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the police statement regarding C;

1. On-site photographs, photo of a shoulder glass, photograph of a criminal intent and a wall-to-face photograph of the victim E;

1. Application of Acts and subordinate statutes to a report on investigation (a search for the place of occurrence of a case and a receipt for repair costs);

1. Articles 368 (1) and 366 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Six months to five years of imprisonment;

2. Where a person causes danger to life or body, such as damage to property (a person under special circumstances) and damage to property (a person under special circumstances) within the scope of the recommended sentence according to the sentencing guidelines (a decision of type) and the scope of the recommended sentence [a decision of type] shall be limited to the increased area, imprisonment with labor for August to June.

3. The crime of this case by which the defendant was sentenced to punishment is likely to pose a risk to the life or body of the victim E by gathering a brick, which is a dangerous object, and destroying a restaurant glass and destroying the cafeteria, and by removing the glass sculptures from the victim E, and thus, the nature of the crime is not good.

The defendant is sentenced to a fine for the crime of destroying and damaging property in 2006 and the crime of assault in 2015.