The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the husband of the victim B (here, 47 years of age).

1. 특수폭행 피고인은 2019. 8. 4. 06:00경 포항시 남구 C아파트 D호에 있는 피고인의 주거지 내에서 술에 취한 상태로 피해자에게 “니는 지금 서방이 들어왔는데도 퍼질러 자나”라고 말하고 이에 피해자가 “그냥 자라, 외박해놓고 왜 큰소리 치냐”고 하자 화가 나, 그곳 주방에 있던 위험한 물건인 식탁 의자를 피해자를 향해 던지고 이어 백팩 가방, 반찬통 2개를 피해자를 향해 던진 후, 피해자에게 “야 이 개년아”라고 말하며 피해자의 엉덩이를 발로 걷어찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant causing property damage, at the same time and place as described in paragraph (1), was composed of two persons with a table table and a half line table, as described in paragraph (1), and destroyed half boxes equivalent to KRW 500,000 in the market price owned by the victim, and half boxes equivalent to KRW 1,00 in the market price.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) (a point of special violence) and 366 (a point of destruction and damage of property) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Group 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] No repeated crime, special Violence (Special / Special /Special / (Special / Recommendation field and Recommendation / Scope of Recommendation)] basic area, imprisonment with prison labor for up to April 10 months;

B. The second crime (determination of types) (the destruction of and damage to property) shall include the destruction of and damage to property (Article 1).