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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant was driving by a victim E (S) (S) who was previously driven a D Lastren vehicle on the road of “C gas station” located in Guri-si B around April 23, 2016, when the Defendant was driving on April 18:15, 2016.
As F Eths vehicles are rapidly parked, it is obvious for Defendant’s wife, who was aboard Defendant’s vehicle, to do so. However, the victim’s vehicle means that the victim’s vehicle stops at the front of the oil station in front of the pertinent C, and the victim’s vehicle gets off from the vehicle by drinking the window of the victim’s vehicle in front of the oil station in front of the pertinent C, and the vehicle stops from the vehicle in front of the driver’s station in front of the stop, and the victim gets off the vehicle from the vehicle, and the victim “hicked his her son by width.”
We see in the car, "I see", and assaulted the victim's breath with a strong hand, leading the defendant's vehicle.
2. The Defendant damaged property at the above date, at the above time, and at the above place, the Defendant destroyed the repair cost to the extent of KRW 165,00,000, a glass window behind the FM vehicle owned by the victim by drinking it.
Summary of Evidence
1. Defendant’s legal statement
1. E statements;
1. Application of the Acts and subordinate statutes on photographs and estimates;
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of assault) and Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):
1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order, Article 1 of the Reasons for sentencing [the scope of recommending punishment] (Article 1 of the General Standard] (Article 1 of the Property Damage, etc.) of the basic area (Article 1 of the Act from April to October) / [the scope of recommending punishment] the basic area (Article 1 of the Violence) (Article 2 of the Act on the Punishment, etc. of Social Service Order] (Article 1 of the Basic Area (Article 1 of the Act on the Punishment, etc. of Violence) (Article 62-2 of the Criminal Act) and Article 59 of the Act on the Punishment, etc. of Protection, etc. (Article 1 of the Act on the Punishment, etc. of Social Service Order) / [the scope of punishment