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A defendant shall be punished by imprisonment for not more than ten 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
On April 2, 2017, at around 11:00, the Defendant: “D main points” operated by the Victim C in Suwon-gu, Suwon-si, Suwon-si; on the ground that there was a fire due to the contractual relationship with the victim, etc., the Defendant intruded with the network gate glass, etc., which is a dangerous object prepared in advance, and damaged the said network 3 shock cases owned by the victim and 4:80,000 won of the repair cost by shouldering the shock cases owned by the victim in the main room; and
Accordingly, the defendant invadedd the structure managed by the victim by carrying dangerous articles, and damaged the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A written statement prepared in C;
1. A criminal investigation report (Submission of a written estimate of damage);
1. Photographss, photographs, etc. of seized articles;
1. Application of the existing Acts and subordinate statutes of one (No. 1) of the lost value seized;
1. Relevant legal provisions of the Criminal Act and Articles 320, 319 (1), 369 (1), and 366 of the Criminal Act concerning facts constituting an offense;
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 suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Act / [Crimes of Damaging Special Property] Article 48(1)1 of the Confiscation Criminal Act / [the lower limit of the scope of sentence for the crimes of damaging Special Property for which the sentencing guidelines are set forth [the crimes of destroying Special Property] and the basic area ( August - 1 year and 6 months) (the crimes of destroying Special Property] and the basic area (the repeated, repeated crime, special damage, etc.).
Defendant was punished several times for violent crimes, such as obstruction of business, damage to public goods, assault, and obstruction of performance of official duties, and the form of the instant crime is very dangerous and is not good to commit the crime.
However, the punishment as ordered is imposed in consideration of the conditions of sentencing, such as the fact that the defendant confessions and reflects the crime, the damage was not significant, and the fact that there was no punishment for the last seven years.