A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 12. 7. 21:30 경 광주시 남구 C에 있는 장인인 피해자 D(63 세) 의 집에 이르러 피해자가 문을 열어 주지 않는다는 이유로 대문을 발로 수회 걷어 차 손괴하고, 피해자가 마당에서 현관문으로 들어가려는 피고인을 저지하자, 피해자에게 욕설하면서 손으로 피해자의 얼굴, 상체를 수회 때리고 발로 피해자의 정강이를 수회 걷어찼다.

As a result, the Defendant damaged the gate owned by the victim to take about KRW 2.95 million, and put about approximately two weeks of treatment to the victim, such as the influence of the plekes that need to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment), Article 257 (2) and Article 257 (1) of the Criminal Act (the point of harm and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Sentencing 1) Lineal Injury by Crime: Group 1 (Assaults) [The scope of general injury to the person subject to special mitigation] in the basic area (4 months to one year and six months) (the person subject to special mitigation) of the basic area (1 and four types) of injury to the person subject to special mitigation] (2) loss of property (the victim subject to special aggravation) : the scope of punishment / [the scope of recommendation] general standard area (4 months to ten months) of the basic area (the person subject to special mitigation) of Category 1 of the Punishment Act (the person subject to special mitigation) (the person subject to special mitigation)

(b) Application of standards for handling multiple crimes: Imprisonment with prison labor for a period of four months to one year;

2. The defendant who has rendered a sentence of sentence shall assault the charger and inflict an injury, and the amount of damage to property is not substantial;

In 2013, the injured person has been punished for severe punishment against the accused, and the accused has already been punished by a fine (40 million won) due to the obstruction of the injury and the performance of official duties in 2013.

However, the degree of injury of the victim is easy.