A defendant shall be punished by imprisonment for not less than eight 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. 재물 손괴 피고인은 2017. 8. 3. 00:55 경 인천 서구 B 아파트 103동 B01 호에 있는 피해자 C( 여, 53세) 의 주거지에서 피해자와 함께 술을 마시던 중 갑자기 피해자에게 ‘ 왜 내 동생을 꼬셨냐.

“In doing so, the victim’s property was damaged by breaking the floor by using the house gate on the table owned by the victim’s hand, cutting the instant cup in favor of the ward, cutting back the cup’s glass, and destroying the victim’s property equivalent to KRW 1,00,000 in total, such as attaching air conditionings, etc.

2. The injured Defendant continued to take the head of the above victim’s head at the time and place of the above paragraph 1 and continued to expand the victim’s head and caused the victim to face the victim’s bridge.

As a result, the Defendant laid down the part in which it is not clear about 12 weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments of the above two crimes, which are prescribed for the heavier punishment, shall be aggravated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years;

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

(a) Basic crimes [determinations of types] violent crimes, general bodily injury, and type 1 (general injury) [person subject to special sentencing] mitigation elements: Non-won of punishment [Scope of recommended punishment] from 2 months to 1 year (Mitigation of mitigation)

(b) Concurrent crimes (determination of types), destruction crimes, general standards, and type 1 (Destruction of property, etc.) [Special Sentencing Persons] mitigation elements: Non-won of punishment (Scope of recommended punishment] (Scope of recommended punishment) for one month to six months (Mitigation of mitigation);

C. Many crime processing standards: Imprisonment with prison labor for two months to one year.