A defendant shall be punished by imprisonment for not more than ten 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.

Punishment of the crime

1. The defendant is living in the second floor of the building in Geumcheon-gu Seoul Metropolitan Government, and the victim C (the 70-year age) who is the defendant's mother is living in the third floor of the same building.

On December 12, 2016, the Defendant found the victim's house at around 00:20 on December 12, 2016, and asked 20,000 won in cash, but the victim refused it, and the victim was tightly pushed down with the victim's clothes.

Accordingly, the defendant assaulted the surviving victim.

2. The Defendant damaged a special property by taking a large amount of money on the grounds that the victim, such as Paragraph 1, did not give money at a time and at a place as referred to in paragraph 1, resulting in the Defendant’s house located on the second floor, resulting in the Defendant’s extraction of goods that are dangerous at the Defendant’s house, and destroying the victim’s residential entrance glass, cutting off the air conditioners, and cutting off the air conditioners, thereby damaging the market value, which is the market value of the victim’s ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs and criminal implements;

1. Relevant legal provisions of the Criminal Act, Articles 260(2) and (1) of the Criminal Act (the point of violence on existence) concerning criminal facts, Articles 369(1), 366 of the Criminal Act (the point of damage to special property), and the choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

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

(a) Concurrent crimes: Crimes of destroying special property (tangibles) (tangibles: Habitual, repeated, special damage, habitual, repeated, special damage, etc.) (Types 1): Reduction element: Non-exclusive area of punishment [the area of recommendation and the scope of recommended punishment] mitigated area, April to October; and

(b) Basic crime: Violence crime (a type of determination) committed in the course of ordinary assault (a type 1) (a person with special sentencing): the victim who is still in existence, mitigation elements: the basic area of punishment not [the scope of recommendation and recommendation], and two months or more of imprisonment.