폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On September 24, 2014, the Defendant, at around 18:00 on September 24, 2014, committed an assault, such as taking the victim C (the mother), who is a her mother, by taking a dub, flaps, etc., in his/her hand, without any particular reason in front of the Defendant’s house located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and committing a assault, such as leading the victim to a 200-meter amount.
Accordingly, the Defendant, carrying a deadly weapon, and assaulted the victim who is in existence.
2. On September 24, 2014, at around 18:05, the Defendant: (a) found the victim E (the 59 years of age) who was outside of the Defendant’s third village located in Chungcheongnam-gun, Chungcheongnam-gun, Seocheon-gun, the Defendant damaged the victim’s property at the market price, such as the number of the knick door, the entrance door, and the windows of living room windows, which are owned by the victim, without any particular reason.
Accordingly, the defendant damaged the victim's property by using a deadly weapon.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Articles 3 (1) and 2 (1)2 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 206 (2) of the Criminal Act concerning criminal facts, Articles 3 (1) and 2 (1) 1 of the former Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning punishment of the former Violence, etc.
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than punishment (aggravated Punishment of Violence, etc. which is concurrent crimes with punishment prescribed for a crime of violence, which is heavier than a deadly weapon
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.