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

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. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴) 피고인은 2015. 6. 7. 03:00경 안동시 B에 있는 C 사무실 앞 도로에서 평소 C 업주인 D와 업무적으로 분쟁이 있어 이에 불만을 품고 위험한 물건인 유토바(차량 견인에 사용하는 U자형 쇠파이프, 길이 70cm, 직경 5cm)를 가지고 찾아가, 위 유토바를 손에 들고 그곳에 주차된 피해자 E(28세)이 관리하는 F 그랜져 승용차의 앞 유리, 좌측 뒤 유리, 차량 좌우측 차제 등을 수회 때려 유리를 깨트리고 차체가 움푹 들어가게 하는 등 수리비가 7,135,401원 상당이 나올 정도로 위 승용차를 손괴하였다.

Accordingly, the defendant carried dangerous objects and destroyed the property managed by the victim.

2. When the Defendant was forced to refrain from damaging a passenger car from the victim E at the same time and place as the above paragraph 1, the Defendant suffered bodily injury, such as rash salt, which requires approximately two weeks of treatment, by drinking the victim’s face twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A report on the taking photographs of the damaged vehicle;

1. Application of Acts and subordinate statutes to a written estimate of general repair expenses and a written diagnosis of injury;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor).

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act refers to the damage of a motor vehicle to a dangerous article by the defendant.