A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. 폭행 피고인은 2019. 9. 13. 16:00경 전남 해남군 B시장 내 건어물 장터에서 윷놀이를 하던 중 피해자 C(52세)가 피고인에게 다가와 아는 척을 하자 이에 화가 나 손으로 피해자의 양쪽 뺨 부위를 수회 때려 폭행하였다.

2. In order to prevent the damage and damage of property, the Defendant destroyed the amount of property owned by the victim by cutting off one Samsungphone in an amount equivalent to KRW 500,000,00 of the market value owned by the victim from 112 at the same time and place as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on photographs and photographs of damaged scene;

1. Relevant Article 366 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of causing damage to property and the choice of imprisonment), the choice of punishment for crimes (the point of assault and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

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

(a) Group 1 crime (determination of types) (Destruction of and damage to property) (Article 1) (Type 1) (No person who causes a property damage, etc. (Article 1) (no person who is a special person) (the area of recommendation and the scope of recommendation), the basic area of the crime, and April to October;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months from one year to three months (the upper limit of crimes No. 2).

3. Determination of sentence: Imprisonment with prison labor for six-month violence is a crime detrimental to the dignity of human beings by the most inhuman method, and the nature of such crime is extremely poor.

The defendant is a person who has many records of punishment for violent crimes.

Nevertheless, the seriousness of violent crime is not clear.