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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around July 11, 2019, the Defendant: (a) found “D” operated by the victim C (year 52) in Sacheon-si, Sacheon-si; (b) among the Do that provide meals at the above restaurant, the Defendant left the victim’s back to an empty bottle, which is a dangerous thing that the victim told “I wished to sing to singing together with the Defendant,” on the ground that it became difficult to say “I wish to sing to sing to singing to singing to singing to the Defendant.”
As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, which requires treatment for about two weeks.
2. The Defendant: (a) assaulted C as referred to in paragraph (1) at the time, place, and paragraph (1) and destroyed C according to C, thereby leaving the building adjacent to the damage; and (b) broken off the entrance doors of the said building.
Accordingly, the defendant damaged the favorable door equivalent to KRW 200,000 of the market price owned by the victim E.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and F;
1. E statements;
1. On-site photographs and lists of 112 reported cases;
1. Application of written estimates and written diagnosis of injury to Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of recommended sentences according to the sentencing criteria;
(a) The area to be mitigated for a special injury (type 1) and the area to be mitigated for a repeated crime (type 1), four months to one year;
(b) Crimes 2 (Destruction and Damage of Property) (Type 1) general standards, such as damage and damage of property, and one month to six months of imprisonment;
(c) Application of standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (revision according to the applicable sentences);
2. The risk of committing a crime is high in light of the means and methods of determining sentence;
However, there is no punishment that is recognized as crimes and punished.