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A defendant shall be punished by imprisonment for not more than ten months.
However, 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. 상해, 재물손괴 피고인은 2019. 10. 31. 21:30경 광주 북구 B에 있는 C식당 인근 노상에서 친구 사이인 피해자 D(남, 58세)로부터 “나이도 많이 먹었으니 욕 좀 그만하라”는 말을 듣자 화가 나 주먹으로 안경을 낀 피해자의 얼굴 부위를 수 회 때리고, 피해자를 넘어뜨려 땅에 머리를 찧게 하고, 발로 걷어 차 피해자에게 약 4주간의 치료가 필요한 비골골절상 등을 가하고, 피해자 소유인 시가 404,000원 상당의 안경을 부러뜨려 타인의 재물을 손괴하였다.
2. Around 00:00 on November 1, 2019, the Defendant: (a) caused the instant victim’s house located in Nanyang-gun E, Nanyang-gun; (b) caused the said victim’s assault by telephone to himself/herself; (c) the said victim was fluorily fluord into the house without the victim’s permission; (d) the victim went into the house without the victim’s permission; and (e) alinium pipe ( approximately 2 cm in diameter, approximately 96 cm in length) and alinium pipe ( approximately 2 cm in length; and approximately 96 cm in length) and alinium pipe (including approximately 2,3,4 cm in length).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A medical certificate of injury and a general medical certificate;
1. Receipts for medical expenses to correct vision;
1. Application of the Acts and subordinate statutes to a CD 1, a photograph, victim's upper part photograph, a pipe photograph, or a CCTV to take a photograph at the time of the victim's investigation;
1. Article 258-2 (1) and Articles 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, which provides applicable law to the facts of crime, the choice of punishment (the point of intrusion upon residence and the choice of imprisonment);
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, Article 60(3) of the Juvenile Act.