A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

On September 2, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for special property damage in the Ulsan District Court on September 2, 2016, and completed the execution of the sentence in the port prison on May 1, 2017.

At around 04:10 on August 6, 2019, the Defendant: (a) had the victim’s “D cafeteria” operated in Ulsan-gu, Ulsan-gu; (b) had the victim expressed alcohol but refused to do so; and (c) has damaged the victim’s disease, which is a dangerous object, to cover the entrance door of the said restaurant, thereby damaging the repair cost of approximately KRW 1.50,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Current status of personal confinement, application of court rulings and statutes;

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Type 1] repeated crimes, special damage and destruction [Special Damage and Damage] [Special Punishment]: Where actual damage is minor, in the event that damage is minor, no penalty shall be imposed [the area of recommendation and the scope of recommendation], special mitigation area, and one to eight months of imprisonment;

3. Determination of sentence: Consideration, including the fact that the Defendant has a history of 16 times punishment regarding violence, and that the Defendant committed the instant crime even during the period of repeated crime under the punishment of 8 months for the crime of causing damage to special property, and that the Defendant lives with his parents in a state of de facto state and thus, even if a fine is imposed, it may cause damage to other families; that the amount of damage caused by the crime does not exceed the extent of damage caused by the crime; and