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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[2014 Highest 1807] On July 19, 2014, the Defendant damaged the victim’s property by making the victim’s convenience store in the operation of the victim D in Seongbuk-si, Sungnam-si, on the ground that F, an employee of convenience store in purchasing tobacco and beer, etc., would be influencing about himself/herself, and by making the part of the convenience store (a 1m, 15m in length, 15m in length) drinking away from his/her location, and destroying the victim’s property so that the repair cost would amount to 40,000 won.
[2014 Highest 2264] On August 25, 2014, at the front of the Sungnam Police Station located in Sungnam-dong 6812, Sungnam-dong, Sungnam-dong, Sungnam-dong, 2014, the Defendant abused the victim by openly citing the victim’s “assumption, fringing, fringing, fringing, and fringing,” in which the victim G, who is a cab driver of the si in Taenam-dong, was called a telephone while driving the si, and two police officers, including two police officers working in the above police station, who were called the victim upon receiving a report from the victim.
Summary of Evidence
【2014 Highest 1807】
1. The defendant's legal statement (the statement on the fourth trial date);
1. A written statement;
1. Investigation reports (fields, etc.);
1. A damaged photograph 【2014 Highest264】
1. The defendant's legal statement (the statement on the fourth trial date);
1. G statements;
1. Application of Acts and subordinate statutes to each investigation report (investigative records, No. 13, 30 pages);
1. Relevant Articles of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)
1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are as follows: (a) although the Defendant had a record of criminal punishment over 22 occasions including the same kind of property damage crime, the Defendant was under criminal punishment without being aware of the fact that he/she committed each of the instant crimes on the grounds of minor negligence during his/her taking place; (b) however, the Defendant selected a sentence of imprisonment,