2. Determination

A. Of the requirements for suspension of sentence, the phrase “where the circumstances before the opening of the sentence is obvious” refers to a case where even if the sentence is not imposed in light of the comprehensive consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, even if the sentence is not imposed, the circumstance that the defendant would not stop again. Unlike this, the phrase “where the circumstances before the opening of the sentence is obvious” is limited to cases where the defendant repents with depth of the crime, or it is not interpreted that the suspension of sentence cannot be made whenever the defendant denies without confession of the crime (Supreme Court Decision 2001Do6138 delivered on February 20, 200). (b) In light of the following circumstances, the defendant is acknowledged to have caused the victim’s injuries by the victim, who is the guidance personnel, the victim’s hand at the meeting of the special meeting of the clan, and the extent of the victim’s injury that the defendant caused the victim’s injury to the victim beyond the victim’s 4th degree and the extent of the victim’s injury.

However, the defendant is the first offender, and has committed a crime against himself for the first time, and the defendant seems to have caused the crime of this case in the course of protesting against the illegally proceeded clan general meeting, and the defendant seems to have agreed to pay KRW 500,000 to the victim immediately after this case, but failed to contact with the victim any longer in the wind of wrong storage of contact details of the victim, and the defendant is one million won to the victim during the trial of the court below.