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A defendant shall be punished by imprisonment with prison labor 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
A victim B(the age of 66) is a person operating a D Campping site in Chungcheongnam-dong C, Chungcheongnam-dong, and the defendant is a kicker of the victim.
1. On April 24, 2019, the Defendant: (a) around 21:55 on April 24, 2019, the Defendant: (b) destroyed the above entrance entrance door correction devices owned by the victim by the victim, while the victim divings, takes a bath, and takes a look at, the convenience store within the above convenience store; and (c) the said convenience store entrance was unfolded by hand, so that the said entrance correction devices of the victim’s possession of the above room amounting to KRW 45,00,00.
2. On the same day, at around 22:18 of the same day as Paragraph 1, the Defendant injured the victim by confinement asked the victim to leave the entrance on the part of the convenience store after destroying the entrance, and divided the land into the above convenience store, and at around 22:18 of the same day, the victim was unable to get out of the Defendant’s horse, and the victim’s chest was pushed down by force by cutting down the victim’s neck, cutting down the chest, blocking the passage of the victim’s breast, thereby leaving the victim’s door up to the victim’s will to escape from the said place, and 13 minutes off the victim’s seated by force against the victim’s will to escape from the said place. As a result, the victim was placed in a diversified scambling which requires two-day medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of each police statement concerning B;
1. A medical certificate;
1. Written estimate;
1. Reports on internal accidents (to be accompanied by photographs of the scene of damage, CCTV images installed at a D camping site, etc.);
1. Application of Acts and subordinate statutes to investigation reports (Attachment to entrance doors, photographs, etc.);
1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act that apply to the crime, the choice of punishment, and Articles 281 (1) (main sentence) and 276 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the maximum term of two crimes);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act for probation and community service work.