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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.
Reasons
Punishment of the crime
On December 9, 2016, the Defendant: (a) around 22:40 on December 9, 2016, at the “D” restaurant operated by the victim C, the Defendant laid the device in the Kabro in the floor on the ground that the victim did not contact; (b) laid the terminal in the Kabro on the floor; and (c) laid the customer “I am out of the funeral service”; and (d) laid the Kabb B with the string and the chair, etc., leading the customer to get out of the room for one hour.
As a result, the defendant damages the victim's property without repair, and at the same time prosecuted as a substantive concurrent crime, it is reasonable to see that the defendant is an ordinary concurrent crime.
It interfered with the operation of the restaurant of the victimized person.
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 on investigation reports (verification of damaged goods);
1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 366 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who has committed any offense of interfering with heavier business);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;
1. Sentencing is a commercial concurrent crime, and thus, it does not directly apply to the sentencing criteria, but see the sentencing criteria for interference with the business; - [Scope of recommended punishment] interference with the business (Type 1) and interference with the business (one month to August).
2. Determination of sentence - Determination of sentence - Unfavorable circumstances: repeated acts of violence against a person related to de facto marriage, in violation of the ruling to take ad hoc measures, and name of the instant crime and the risk of recurrence of domestic violence is not low. - The favorable circumstances: (a) smoothly compromise with the victim after an indictment was filed; (b) the victim was not subject to punishment; (c) the victim was not subject to punishment; (d) the victim was not in excess of a fine; (d) the damage of property is minor; and (e) the degree of interference with the business thereof is not severe. - Comprehensive account of the above circumstances