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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is between the victim B (n, 47 years of age) and the mountain conference around June 2013.
On July 14, 2015, around 23:40 on July 14, 2015, the Defendant: (a) destroyed the car owned by the victim on the ground that the victim had not received his own phone in front of the Damart, thereby damaging the car to KRW 2.50,000 of the repair cost.
The Defendant continued to assault the victim’s face, 5 to 6 times after he was seated on the driver’s seat, 2 times the chest, 3 to 4 times the victim’s chest and boat due to a longer tension, which is a dangerous object on the back seat.
Accordingly, the defendant damaged the victim's property and assaulted the victim by carrying dangerous things.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (Attachment of photographs of damaged vehicles), photographs of victimized vehicles (Evidence No. 33 pages of evidentiary records);
1. Report of investigation (verification of contents of estimate of victimized vehicles);
1. Application of Acts and subordinate statutes to photographs of victims;
1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act that apply to the crime, the choice of punishment, and Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Crimes of destroying and damaging property;
(a) Determination of types of crime: Damage to property, damage, etc. of general standards;
(b) Determination of the scope of sentence: Reduction area, range to six months (a person who is a special mitigation offender: a person not subject to punishment);
2. Crimes of special violence:
(a) Determination of types of crimes: Types 6 of assault crimes;
(b) Determination of the scope of sentence: Reduction area, four months to one year and two months (a person who is a special mitigation offender: a person not subject to punishment);
3. Criteria for handling multiple crimes: From April to May;
4. The defendant's mistake as to whether the sentence has been pronounced or suspended.