A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On September 28, 2018, the Defendant was sentenced to eight months of imprisonment due to property damage, etc. in the Suwon District Court’s Eunpyeong Housing Site, and completed the execution of the sentence through a special amnesty that was exempted from the execution of the remaining term of punishment in the Suwon Housing Site on February 28, 2019.

【Criminal Facts】

The defendant is a person who gets away from his/her customs because he/she was living in a multi-household owned by the victim C in Pyeongtaek-si B.

1. On March 29, 2019, at around 09:55, the Defendant affected the victim’s management structure, going up to the third-story rooftop through a door that was not locked in the above multi-household house in order to remove goods in the above multi-household warehouse in mind, thereby disturbing the rooftop.

2. At around 10:00 on March 29, 2019, the Defendant: (a) opened a rooftop warehouse at a place specified in paragraph (1); (b) carried steel fire extinguishers, which is a dangerous object, to take out and remove the things in such place; and (c) sealed the victim’s rooftop warehouse door glass.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Scenes of on-site photographs and CCTV images;

1. Previous records: Criminal records, inquiry reports, investigation reports (report attached to decisions of a suspect related to a case), and application of Acts and subordinate statutes to the personal confinement status;

1. Relevant legal provisions concerning criminal facts, Articles 369(1) and 366 of the Criminal Act that choose a penalty, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the Defendant’s erroneous reasoning for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is acknowledged. However, the Defendant was sentenced to imprisonment for 8 months due to property damage, etc. to the victim, such as this case, and was sentenced to imprisonment for the same time as this case.