Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On June 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to damage to goods for public use, etc. at the Daejeon District Court, and the execution of the sentence was terminated at the Mapo Prison on September 11, 2016. On May 17, 2017, the Daegu District Court rendered a sentence of imprisonment with prison labor for one year due to damage to goods for public use, etc., and the said sentence became final and conclusive on May 18, 2017.
[Criminal facts]
1. On October 2, 2016, around 14:10 on October 2, 2016, the Defendant purchased tobacco 1 A at the D convenience store located in Jung-gu Seoul Metropolitan Government, and paid KRW 50,000 to the victim E (n, 22 years of age) who is an employee of the convenience store, and the victim slicked KRW 45,500 to the Defendant, but did not return the Defendant’s name.
The victim flicked the chest of the victim one time, and the victim flicked the victim from the convenience store to the outside of the convenience store, and the victim flocks both at one time, depending on the victim's flock.
2. Around October 2, 2016, the Defendant damaged goods for public use, as seen above, the Defendant was arrested to F District Assistant G, etc., who was dispatched by the Defendant after receiving a report of 112 that he was frighting, and was arrested as a current offender of the crime of assault. Around October 2, 2016, the Defendant damaged goods used by public offices by walking the back door of F District Patrol G, etc. once.
Summary of Evidence
1. Each legal statement of witness E and G;
1. Each police statement protocol with respect to E and G;
1. Report of investigation (specific suspect);
1. A person under consideration, photograph of the victim, and violence photograph;
1. CCTV CDs;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (a confirmation during the period of a suspect repeated crime), judgment text, and current status of personal confinement;
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment with prison labor for each crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the aggregate of long-term punishments) of the Criminal Act to increase concurrent crimes;