A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant and the victim C (the age of 55) are those who live together on the third floor of the building located in Yeongdeungpo-gu Seoul Metropolitan Government D, and have been hedging.

피고인은 2014. 6. 8. 01:00경 피해자가 임대차보증금을 돌려주지 않는다는 이유로 피해자가 거주하고 있는 위 건물 3층 집에 찾아가 위 건물에 비치되어 있던 소화기를 이용하여 피해자의 집 현관문을 내리쳐 현관문 유리를 깨뜨리고, 피해자가 현관문을 열고 나오자 소화기를 든 채 발로 피해자의 가슴을 1회 걷어찼다.

Accordingly, the defendant carried dangerous things and destroyed the property owned by the lessor of a building and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and F;

1. Police suspect interrogation protocol regarding F;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report (Evidence 8);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 260 (1) and 366 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. 주장의 요지 피고인 및 변호인은, 피고인이 소화기로 현관문 유리를 깨뜨린 후 이를 내려놓은 채 현관문을 열고 나오는 피해자의 허벅지를 발로 1회 걷어찼을 뿐이므로, 피고인은 단순 폭행죄의 죄책만 부담한다고 주장한다.

2. The following circumstances acknowledged in addition to the overall purport of the evidence duly adopted and examined by this Court, namely, F, the victim and the victim’s son, are subsequent to each of the crimes in this case.