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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. 폭력행위등처벌에관한법률(집단ㆍ흉기등재물손괴등) 피고인은 2015. 5. 26. 14:00경 부천시 소사구 부광로22번길 15에 있는 '성원파크타운' 빌라 앞 도로에서, C이 세워 둔 피해자 D 소유의 E 현대4KL버큠로리 화물차가 주차장 입구를 막고 있어 C에게 차를 빼달라고 하였음에도 아무런 반응이 없자 격분하여 길가에 있던 위험한 물건인 각목(길이 약 50cm, 두께 약 10cm)으로 위 차의 운전석 문을 수 회 내리쳐 유리창을 부수어 205,000원 상당의 수리비가 들도록 이를 손괴하였다.

2. The Defendant, at the time and place specified in paragraph (1), and each item above, which is the dangerous object for the same reason, left arms of the victim C (the age of 60) and unloaded from the dead arms, thereby causing approximately two weeks of medical treatment to the victim. The Defendant, at the same time and place, had his/her son and her son’s son’s son and son’s son’s son’s son’s son’s son’s son’s

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Confirmation of the owner of a vehicle);

1. Details of transactions, list of injury, and written diagnosis;

1. Application of the provisions of Acts and subordinate statutes to photographs of damaged vehicles, photographs of criminal tools, photographs of the body of victims;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (a person who inflicts bodily injury on a dangerous object), Article 257 (1) of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);