A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 17, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Incheon District Court and two years of suspension of execution on June 1 and 25 of the same month, and the judgment became final and conclusive and is still under suspension of execution.

【Criminal Facts】

1. Around November 29, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault by gathering the victim E (the male and the age of 57), a dangerous object at the place of drinking, without any justifiable reason, at around 23:05, the “D key point” of the operation of the C, located in Incheon, B, and committing assault by getting the victim’s head on one occasion.

2. The Defendant caused the damage to property by gathering the singing machines at the above time and place, as seen above, and thereby putting the head of E into force, thereby harming the Defendant’s utility by attaching the singing machines equivalent to KRW 2,350,000 at the market price of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on internal investigation:

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous things) and Article 366 of the Criminal Act (the occupation of destroying and damaging property, the choice of imprisonment) of the Criminal Act;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] The sentence shall be sentenced to the crimes committed during the suspension period of execution [the lower limit of the above recommendation range] and the sentence shall be applied only to the crimes committed during the suspension period of execution. In a case where the mitigation area (4 to 1 year and 2 months), the mitigation area (including special mitigation), the punishment not (including serious efforts to recover damage), or considerable partial damage (including damage).