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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 3, 2017, at around 18:00, the Defendant damaged the Defendant’s property “D party room” operated by the victim C of the victim C in Bupyeong-si B 3, Seocheon-si, 2017. The Defendant: (a) was requested by the victim C, the owner of the business; (b) was damaged by the victim C, who was under the influence of alcohol; and (c) was damaged by the Defendant, who was under the control of the victim, 3 (e) knee and kne, the market value of the victim’s own.
2. The Defendant interfered with the business of the Defendant: (a) opened 3 members of the party to the victim’s check at the time and place specified in paragraph (1); (b) opened 3 members of the party to the victim’s check at the time and place specified in paragraph (1); (c) laid down the victim’s neck C; and (d) opened the dried stand in the place for about 15 minutes; and (c) prevented other customers from putting the guard; and (d) obstructed the victim’s business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the police;
1. A report on investigation (to hear statements by shots), a report on investigation (to submit a suspect C/C purchase price at the curies);
1. Materials output from the current price;
1. Application of Acts and subordinate statutes, such as photographs of party organs;
1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 313 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Class 1 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties (Interference with Type 1 (Obstruction of Duties) (Specially mitigated Persons)] Suspension of Punishment (including a serious effort to recover damage);
(b) The scope of the final sentence due to the aggravation of multiple crimes in the case of Class 2 (Destruction) (Destruction of Property, etc.) (1-6 months) in the mitigated area (1-6 months), where the punishment is not granted (including serious efforts to recover damage), or a significant damage is recovered, the scope of the final sentence due to the aggravation of multiple crimes: 1-11 months;
2. Circumstances unfavorable to a ruling of sentence: The defendant shall be drunk;