Text
A defendant shall be punished by imprisonment for not less than eight 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
On March 7, 2017, at around 06:30, the Defendant: (a) caused the victim E (59) who is a security guard to cope with the noise problem between the Defendant and the neighboring floor on the ground that he or she had the victim met with the noise problem between the Defendant and the neighboring floor; and (b) caused the Defendant to remove the victim’s knick in the guard room and remove the knick-phone on the floor of the knick-phone and damage the knick-phone.
Since then, when the defendant gets out of the guard room and re-infrings the victim into several parked vehicles, spits spits on the face, and spits over several times, and spits on the face, and booms off with flap, flap, flap, flap, flap, flap, flap, etc., and suffered injury to the victim for about six weeks of medical treatment.
Accordingly, the defendant injured the above E's body, and damaged the telephone system of 20,000 won owned by the above apartment occupants.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. CCTV image data;
1. Photographs of damaged articles;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 366 of the Criminal Act, and the choice of imprisonment for the crime;
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 suspended execution;
1. The fact that the nature of the crime is not very good by using non-discriminatory violence against the victims, who have many ages of the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act; on the other hand, the defendant reflects the defendant and agreed smoothly with the victim; the defendant did not have any criminal record other than being sentenced to a fine by violence in 2002; the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime; and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the text.