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. 폭행, 재물손괴 피고인은 2012. 5. 8. 22:00경 울산 중구 D 아파트 근처 공터에서, 피해자 E(61세)가 피고인의 처와 만나는 것을 목격하고, 피해자를 뒤따라가 처와 만나지 말라고 윽박지르며 손으로 피해자의 멱살을 잡고 수회 흔들어 피해자에게 폭행을 가하였다.

On the other hand, the Defendant continued to destroy the above mobile phone amounting to KRW 179,000 for repairing costs by cutting off the Samsung mobile phone owned by the Defendant from the victim and taking out the new cell phone.

2. On October 4, 2012, the injured Defendant tried to witness the Defendant’s wife and to check the victim’s face at a soup parking lot in Ulsan-gun, Ulsan-gun, Ulsan-gun on October 4, 2012. However, while the victim went away from the Defendant’s wife and went away from the vehicle, the victim’s vehicle was stopped above the Defendant’s wife, and the victim gets out of the vehicle, and the victim gets out of the vehicle, and gets out of the vehicle at the time indicated in the above paragraph 1 above, the victim gets off the victim’s wife and met with the Defendant’s wife at the time when the victim turned out the victim’s head at one time more than the victim’s body, and then cut off the victim’s body, such as the victim’s head, etc. to take care of the victim for six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. Relevant Articles 257(1), 260(1), and 366 of the Criminal Act concerning the facts constituting an offense, 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;

1. In light of the degree of damage to the victim, the defendant under Article 62-2 of the Criminal Code of the community service order is not agreed with the victim, and the defendant is required to return to a sound member of society.