A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to the injury caused by special injury), the Defendant did not have taken part in the crime of special injury by G by means of reporting the disease to G. 2) The lower court’s sentencing (two years of imprisonment with labor and one-year suspended sentence) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. The summary of the charge of special injury among the facts charged, as the Defendant and G withdraw from the organization of K, a 79-year-old human being living together in the Amm, and join the competitive organization as a member of the “Lm” organization, and the victim J (29 years of age) (Lm) who was the 78-year-old human being in the “Lm wave” was demanded to withdraw from the “Lm” and if the victim refuses it, the Defendant and G conspired to forced K from the “Lm” to withdraw from the “Lm” by means of assaulting the victim.

Around 04:09 on July 19, 2017, the Defendant and G were drinking alcoholic beverages within the main point of “I” located in Nam-gu, Nam-gu, Nam-gu, the Defendant and G put the victim into the cell phone of the victim who drinks alcoholic beverages in another place, and called “I have a talk that I would have to do so,” and said, the victim was the victim as the main point.

이에 같은 날 04:30경 피해자가 위 주점으로 찾아오자, G은 피해자에게 “K이 `L파`에 받지 마라, 가입시키지 마라.”고 하며 피해자에게 K을 `L파`에서 탈퇴시킬 것을 요구하였으나 피해자가 “동생으로 데리고 있겠다.”며 이를 거절하자, 그 즉시 탁자 위에 있던 위험한 물건인 소주병으로 피해자의 머리 부위를 힘껏 2회 내리치고, 이에 피해자가 G의 멱살을 잡으려다 미끄러져 바닥에 넘어지자 다시 주먹과 발로 피해자의 얼굴과 온몸을 계속해서 때리고 찼다.

The defendant is in the vicinity of the defect that G is likely to result in a fluoral disease when G intending to force by creating a threatening atmosphere against the victim.