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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. At night, around 00:40 on July 5, 2013, the Defendant: (a) discovered in the main points of “D” located in Dobong-gu Seoul Metropolitan Government, which is a structure operated by the Victim B; (b) cut off a password, which was arbitrarily known to the said main entrance, without the victim’s permission, on the ground that the victim did not take the seat; and (c) cut off a beer, spath, spath, etc. owned by the victim, which was approximately KRW 100,000, market price inside the said main entrance.
2. Around 03:00 on the same day, the Defendant damaged the property of the victim by reporting that the victim entered the above main points with another male at the place specified in the above paragraph (1) on the same day, and destroying the victim’s property by destroying the partitions installed at the above main points by drinking so that the seat partitions installed at the above main points can be cut off by drinking.
Summary of Evidence
1. Protocol of the police statement concerning B;
1. Application of statutes on site photographs;
1. Relevant legal provisions concerning facts constituting an offense and Articles 330 and 366 of the Criminal Act which choose punishment (the points of larceny at night), which are applicable to the punishment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment prescribed for night buildings, structure with heavy punishment, intrusion and larceny);