However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

피고인은 2017. 10. 3. 11:13 경 서울 종로구 C 앞 노상에서 노점 장사를 하려고 하는데, 그 곳에서 먼저 노점 장사를 하고 있던 피해자 D(60 세 )로부터 장소 이전을 요구 받았다는 이유로, 피고인이 판매하려고 소지하고 있던 위험한 물건인 코털 가위를 들고 피해자를 향하여 수회 휘두르다가 위 코털 가위를 쥔 손으로 피해자의 얼굴을 1회 때리고, 손으로 피해자의 멱살을 잡고 밀어 넘어뜨렸다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each investigation report (referring to witness E and F telephone statements);

1. Application of the Acts and subordinate statutes to household effects and DNA images held by the person under consideration;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was punished as a crime of violence and is disadvantageous to the defendant.

On the other hand, the defendant seems to be a criminal act in a state of interest and reflects it.

Along with the victim D, the victim was killed, and only agreed with the victim.

In full view of the above circumstances, such as the defendant's appearance, unfavorable circumstances, and other age, sex, environment, motive and consequence of the crime, circumstances after the crime, degree of assault, etc., the sentence identical to the order shall be determined.