A defendant shall be punished by imprisonment for two years.

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 December 7, 2019, around 23:44, the Defendant: (a) committed assault, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the damage to property against Ansan (the Act on the Aggravated Punishment, etc. of Specific Crimes) boarding a C taxi operated by the victim B (the age of 63) and arriv

As a result, the Defendant damaged the victim by causing injury to the victim, such as NOS, glass, and stampion of face face, which requires approximately two weeks of treatment, and by destroying the left side of the victim's safety while wearing the victim, so that the Defendant damaged the victim's 65,00 won of repair cost.

According to the applicable provisions of the indictment, the prosecutor prosecuted the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of paragraph (1) of the same Article.

However, each of the crimes in this part is a crime committed by the victim with the inside of the defendant's awareness, and one of the acts in the condition of the nature of an object regardless of the legal evaluation constitutes several crimes. Therefore, it is reasonable to view that each of the above crimes is in the relationship of the ordinary concurrent crimes corresponding to several crimes.

On the other hand, the court may punish a person who has been prosecuted as a substantive concurrent crime without any changes in the indictment as an ordinary concurrent crime (see, e.g., Supreme Court Decision 80Do2236, Dec. 9, 1980). Thus, each of the above crimes is recognized as an ordinary concurrent crime and the contents of the crime are also examined in line with the foregoing.

2. The Defendant damaged the property damage to the fire fighting boat by 25,000 won of the repair cost, by putting the fire fighting boat attached to the C cab that the victim driven at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

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