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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant, as the spouse of the victim C (V, 41 years old), was living together with the victim at his own home located in Yong-Gun D in the south Yong-gun, and around November 2014, the above house and a separate life have been living.
1. On March 27, 2016, the injured Defendant: (a) discovered the Defendant’s face and body at the body of the Defendant’s wife located in Young-gun E on March 27, 2016; (b) committed assault, such as launchinging the victim’s face and body, cutting off the victim’s shoulder, pushing the victim’s shoulder, towing the victim’s shoulder from the ward to the front door, towing the victim’s shoulder, towing the victim into the front door, leading the victim’s shoulder, leading the victim to the front door, etc. for a period of 14 days.
2. Around April 6, 2016, the Defendant destroyed the repair cost of KRW 100,000,00,000, by destroying the unslided glass window (breadth 60cm, height 180cm) jointly owned by the Defendant and the victim, which is a dangerous object in possession of the said house, on the ground that the Defendant drinking alcohol at the above house located in Young-gun, Nam-gun, Namnam-gun, Namnam-gun, and found the present password was changed after drinking alcohol around April 6, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against C;
1. Statement made by the police against C;
1. A criminal investigation report (or a diagnosis report on injury of a victim), and a criminal investigation report (in calculating the repair cost in favor of the ward where the victim is changed);
1. Application of Acts and subordinate statutes to photographs of injuries;
1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Articles 369(1), 366 of the Criminal Act (the point of damage to dangerous goods) and choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Crimes No. 1 (Assaults) (Scope of Recommendation) in the application of the sentencing guidelines shall be limited to the mitigated area (two months to one year) (Specially mitigated Persons) [the scope of the recommended punishment] of crimes (damage) in the scope of the mitigated area.