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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From September 18, 2017, around 00:30 on September 18, 2017, the Defendant invadedd a special structure: (a) came to a singing practice room administered by the victim D with the victim D, the Southern-gu Incheon Metropolitan City C and the third floor; (b) the victim went to the door on the ground of disregarding himself/herself; and (c) the victim took a dangerous object in the Defendant’s vehicle, and opened a door with a password known to the victim before the victim without the victim’s consent.
Accordingly, the defendant carried dangerous things and intruded on a structure managed by the injured person.
2. The Defendant damaged a special property by removing knife, at the same time and at the same place as described in paragraph 1, which is a dangerous object for the foregoing reasons, the market price owned by the victim, such as the air conditioning and glass door, the wall surface glass door of the business place, and the book for calculation.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A police seizure protocol (voluntary submission), and a list of seizure;
1. 112 A report processing table;
1. Application of Acts and subordinate statutes on the spot and damaged photographs;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 320, 319 (1) (a point of intrusion upon a special structure), 369 (1), and 366 of the Criminal Act (a point of destroying a special property, or a choice of imprisonment with prison labor);
1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes concerning the crime of destroying any special property heavier than the aggravated punishment);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of the recommended sentences according to the sentencing criteria;
A. Inasmuch as a crime for which the sentencing criteria are not set for crimes No. 1 (a special structure intrusion) and a crime for which the sentencing criteria are set are concurrent crimes, in light of the need to respect the sentencing criteria, compliance with the lower limit of the sentencing criteria within the statutory applicable range, in light of the need to respect the sentencing criteria.
(b) Crimes 2 (Destruction of Special Property). Habitual, repeated crimes, and special damage.