A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On August 31, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for a special injury at the Suwon Friwon, and completed the execution of the sentence on December 25, 2017.

[Criminal facts] On July 27, 2018, the Defendant: (a) around 15:35, 2018, at the “J” restaurant operated by the Victim I in Suwon-si, Suwon-si, and destroyed the entrance door locked by means of making it difficult to do so; and (b) entered the said restaurant and stayed approximately 10 minutes.

Accordingly, the Defendant damaged the entrance locks owned by the victim to cover approximately KRW 200,000,00,000, and infringed on the above structures managed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Each investigation report (the No. 3 of the evidence list, the victim's I telephone call);

1. 112 A list of reported cases;

1. On-site photographs of police officers dispatched;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing range of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] The general criteria for sentencing of Article 38 (1) 2 and Article 50 [the scope of recommending punishment] / [the range of special aggravated punishment] comparison between the applicable punishment for the same type of repeated crime and the recommended punishment: The crime of intrusion upon a structure for which the sentencing guidelines have not been set between August and January 1, and the crime of damaging property for which the sentencing guidelines have not been set, and the crime of damaging property for which the sentencing guidelines have not been set are concurrent with the former part of Article 37 of the Criminal Act. Thus, only the lower limit of the above sentencing range is applied to the defendant's unfavorable punishment. [the sentence] Crimes of violence (violation of the Punishment of Violences, etc. Act, crime of damaging property, damage to public use, special crime of intimidation, obstruction of execution of public duties, obstruction of execution of public duties, and punishment of the same kind of crime committed beyond 30 times.