A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 2013. 10. 2. 04:20경 피해자 C(65세)이 빌려간 돈을 갚지 않고 계속 피고인에게 거짓말을 한다는 이유로 화가 나, 서울 강서구 D건물 2층에 있는 피해자의 E 사무실에 찾아가 위험한 물건인 망치로 피해자의 왼쪽 머리 뒷부분을 1회 때려 5바늘을 꿰매어 봉합하는 치료일수 미상의 좌측 후두부 열상 등 상해를 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant damaged property damage at the temporary location of the above paragraph (1) by putting the entrance doors of the victim’s E office in favor of the market price of 460,000 won at three times at the above gate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The application of Acts and subordinate statutes to the investigation report (the investigation of the decline held by the defendant);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant was in danger of hiding the victim’s brushing the entrance by searching for the victim’s office at night during the night. In light of the characteristics of the damage, there was a risk that the Defendant might injure the victim’s brush.

However, it appears that the Defendant agreed with the victim only, and it appears that it would not be the intention of the victim to injure the victim from the beginning, and the circumstances leading to the instant crime, methods, circumstances after the instant crime, and criminal record relations are comprehensively considered.