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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
At around 07:05 on October 5, 2016, the Defendant: (a) caused disputes in connection with the acceptance of the said restaurant by the victim C (n, 62 years of age) in the Da-gu North-gu, Daegu-gu; (b) thereby damaging the Defendant’s knife (the total length: 30cm, the knife length: 18cm), which is the victim’s possession on the said restaurant, to cover KRW 1,75,000 on the ground that the victim demanded removal of the said restaurant without paying electricity, monthly rent, etc., but did not comply therewith.
Accordingly, the defendant carried dangerous objects and damaged the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Each photograph;
1. Application of the written estimate statutes;
1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of the grounds for sentencing [the scope of punishment] habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) of the Act on the Suspension of Execution and there is no person who is subject to special sentencing [the decision of sentencing] [the victim] unfavorable to the victim (the victim’s damage has not been recovered and the victim wants to punish the defendant.
The defendant is against the principle of good faith.
There is no criminal history of the defendant, which exceeds the same criminal record or fine.
In addition, the sentencing conditions shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and result of the crime, etc., shall be determined as ordered by comprehensively considering the sentencing conditions shown in the trial process of this case.