A defendant shall be punished by imprisonment for not less than one year and six 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

1. 특수재물손괴 피고인은 2015. 9. 7. 13:14경 대구 북구 C 소재 건물 1층에 있는 피해자 D의 사무실에서, 건물주인 피해자에게 피고인이 임차한 위 건물 2층의 보증금을 반환해 줄 것을 요구하였으나 피해자가 보증금 정산을 위하여 위 건물 2층의 출입문 파손 여부를 먼저 확인하자고 하였다는 이유로 화가 나, “야, 이 새끼야, 돈 내라, 그 문은 내가 부순 게 아니다, 네가 그랬잖아.”라고 하면서 그 곳에 있던 위험한 물건인 철제 의자로 원탁테이블을 1회 내리쳐, 위 테이블 위에 있던 시가 13만 원 상당의 유리를 깨뜨렸다.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) prices once the body part of the victim D(the age of 66) as a steel chair, which is a "hazardous article" at the time and place specified in the above paragraph (1) for the said reasons, and at the same time and place, one time the body part of the victim D(the age of 66), which is a "hazardous article............. the victim has been seated with the old seat, and the victim has continuously taken the back part of the back part of the victim's seat.." The head prices the body as close as the face part of the victim's face, and one time the face part of the victim's face with the head.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as cerebral celebin, which requires medical treatment for about 15 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 369 (1) and 366 of the Criminal Act concerning criminal facts; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning criminal facts (the occupation of inflicting bodily injury on carrying dangerous objects);

1. Selection of imprisonment with prison labor for the crime of causing special property destruction and damage to punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.