Text
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., destruction and damage, etc.) committed several times in favor of the above main points to the main station, which was a dangerous object, on the ground that the victim E (here 40 years of age) did not drink while disregarding the Defendant, prior to the point of D main points located in Jung-gu Incheon Metropolitan City, Jung-gu.
Accordingly, the defendant damaged the free will owned by the victim so that the repair cost is equivalent to 4.5 million won.
2. The Defendant violated the Punishment of Violences, etc. Act (a collective assault, deadly weapon, etc.) committed an assault against the victim, who was at the time and place specified in paragraph (1), and committed an assault against the shouldered glass, which is a dangerous thing, when the victim arrived to restrain the Defendant
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of statutes on site photographs;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Taking into account the agreed point, etc.);