A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On July 12, 2016, the Defendant is a person who driven a vehicle while under the influence of alcohol before the victim D(46 years of age) located in the Busan Sho-gu C on July 12, 2016 and was investigated by the Busan Sho-gu Police Station on suspicion of damage caused by the victim's vehicle being damaged.

1. On July 12, 2016, the Defendant: (a) destroyed the victim E’s frypt glass of the house of the victim E residing adjacent to D, on the ground that D’s report was made by the police investigation; and (b) the Defendant destroyed the victim E’s fryptive glass by drinking, on the ground that D’s report was made by D.

2. Crimes against victims D;

A. The Defendant damaged property by exposing the victim’s house entrance doors at the time and place of the preceding paragraph on the same grounds as that set forth in the preceding paragraph, thereby destroying the door door at the next city.

B. The Defendant committed an assault for the purpose of retaliationing a victim who reported himself/herself as above, on the background that he/she would be subject to criminal punishment by reporting the victim D by violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

The defendant took the face of the victim D one time at the time and place of the preceding paragraph.

Accordingly, the defendant assaulted the victim for retaliation against the reported by the victim in relation to the criminal investigation of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (attaching photographs);

1. Application of Acts and subordinate statutes to report on investigation (Attachment of police investigation opinion related to reporting on driving a suspect under drinking);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime; and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is the largest, shall be aggravated to the extent that the punishment is aggregated with the long-term punishment of each such crime as provided for in the Act on the Aggravated Punishment,

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;