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.

Criminal facts

1. On April 28, 2019, the Defendant damaged the property by planting the front door glass of the Defendant in the Songpa-gu Seoul building C building D, a residence of the victim B (Nam, 45 years of age), which is a residence of the victim B (Nam, 45 years of age).

Accordingly, the defendant damaged another person's property.

2. The Defendant suffered special injury, under the influence of alcohol, caused the injury to the victim by getting the head of the above victim B several times, which is a dangerous object, and causing the victim’s injury to the two parts of the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of photographs of damaged parts);

1. Relevant Article of the Criminal Act and Articles 366, 258-2 (1), and 257 (1) of the Criminal Act (the occupation of special injury and the choice of imprisonment), which provide for the applicable provision of the Criminal Act and the choice of punishment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of Concurrent Crimes within the scope of the sum of the punishment prescribed for a special injury with heavier penalty and the long-term punishment

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to attend a lecture or community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Special injury [Type 1] Special injury (including a special person) and injury (including a serious effort to recover damage): Reduction area of punishment (including the area of recommendation and recommendation range), reduction area of punishment, and four months to one year of imprisonment;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

(c)the guidelines for multiple crimes;