A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, in the name of “B”, operates a string-type store, and operates a string-type store within a distance of about 100 meters from that place with the trade name of “D” in the same type of business as the Defendant.

On September 28, 2016, at around 02:00, the Defendant extracted the form “D” of the victim’s operation in Gangnam-gu Seoul Northern District E. Around September 28, 2016, the Defendant released three front glass, etc. of the game machine, 90,000 won in total of the market price of the victim’s possession, by using bricks where the previous Defendant was able to live in the place where the Defendant intended to do so, on the ground that the victim was able to live.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (related to calculating the amount of damage);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is the mitigated area (one month to six months), the punishment is not suspended (including serious efforts to recover damage), or a significant damage is recovered;

3. The fact that the record of punishment as a final and conclusive violent crime is eight times, including three times the suspension of the execution of imprisonment, is disadvantageous.

On the other hand, the fact that it is a contingent crime, the fact that the victim does not want the punishment of the defendant by agreement with the victim, and the support for the minor's children is a favorable condition.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.