However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

On December 18, 2013, at 00:15, the Defendant argued the problem of the cost of the construction of a vinyl house, which is a dangerous object on the test table, while drinking drinking together with the victim E (the age of 44) at the DD entertainment tavern located in Chuncheon City, the Defendant laid down the beer disease on the wall of the victim after the head of the victim, laid down the beer disease on the wall of the victim, and threatened the shoulder disease on the face of the victim, and took the face of the victim one time by the hand floor.

Accordingly, the defendant assaulted the victim by beer disease, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Witness E;

1. Police suspect interrogation protocol regarding E;

1. The defendant and his defense counsel's assertion on the scene of violence, field photographs of the scene of violence, and the report on visit of the scene of violence, are the defendant and his defense counsel at the time, and although the defendant was faced with beer disease at the time, it is argued that there was no fact threateninging the victim E. However, according to the witness E's testimony and the protocol of interrogation of the police suspect about the witness E, the defendant's defense counsel may recognize the facts of assaulting the victim while threatening the victim.

Therefore, the defendant and defense counsel's above assertion is not accepted.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The scope of sentence compared to punishment and recommended punishment in a case where the degree of assault is minor (including special mitigation) in the area of special mitigation (two to one year and two months), in a case where the degree of assault is minor (including the first, six, and seven types), in a case where punishment is not imposed (including a serious effort to recover damage), or in a case where considerable damage is recovered: six months to December.