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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 23, 2017, the defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution for property damage in the Busan District Court.
9.22 The above judgment became final and conclusive.
Criminal facts
1. Around 23:50 on May 12, 2017, the Defendant attempted to damage the victim D’s “E” operated by the Plaintiff located in the Geum-gu, Busan Metropolitan Government C. In order to raise complaints about the punishment of the Defendant due to the violence that occurred at the previous establishment of the business, and to damage the victim’s musical instruments, etc., which are dangerous articles with a view to 10 km away from the weight of 10 km and to damage the victim’s musical instruments, etc.
However, the steel makers did not reach the stage of the victim, and did not fall into the floor, and the victim was actively prevented and attempted.
Accordingly, the defendant carried dangerous articles and attempted to damage the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. An investigation report (including attachment of field CCTV images and attached images);
1. Previous convictions: Inquiry into criminal history, case search, and application of statutes of each judgment (ex officio evidence);
1. Articles 371, 369 (1), and 366 of the Criminal Act; the choice of imprisonment for a crime under relevant Article 371 of the Criminal Act;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, for the reasons of sentencing under Article 62-2 of the Criminal Act, including the same kind of crime, has been sentenced to more than 20 times, and on February 23, 2017, on the grounds of imprisonment with prison labor for 6 months in the Busan District Court as a crime of damaging property and one year in the suspension of execution, the above case was dismissed on July 14, 2017, and the Defendant appealed for the same year.
9.15. The appeal was dismissed.
The defendant is not only committed a crime of the same kind, but also committed a crime in the victim's business place.