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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On February 5, 2018, around 18:45, the Defendant: (a) performed drinking in the “E” operated by the Government of the Gyeonggi-do, the victim D (65 Do, n, n) who drinking alcohol; (b) requested the victim to voluntarily refrain from doing so; and (c) committed assault against the victim, which is a dangerous object, by demanding the victim to refrain from doing so.

2. The Defendant damaged property by assaulting the victim at the date, time, and place specified in the above Paragraph 1, and by breaking up the market price of the victim, the victim owned.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notifying victims and on-site photographs, notifying relevant departments reporting the 112 Incident, and applying Acts and subordinate statutes to investigation reports (on-site CCTV surveys);

1. Relevant Articles 261 and 260 (1) (a point of special assault) of the Criminal Act concerning the facts constituting an offense, Article 366 of the Criminal Act, 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. The reason for sentencing under Article 62-2 of the Criminal Act including the observation of protection and the provision of community service order has reached 10 times before and after the suspension of execution, and the defendant's previous criminal records and criminal facts also include the defendant's previous criminal records and the use of dangerous objects, such as excessive and small-scale soldiers. The crime of this case also includes the crime of assaulting or injuring the victim of dangerous objects. The defendant repeated the crime of assaulting or injuring the victim with dangerous objects.

However, the punishment shall be determined in consideration of the fact that the defendant recognized the crime of this case and against the defendant, the degree of injury to the victim or the degree of damage to the property is not significant.