A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2014. 5. 31. 03:10경 의정부시 B에 있는 C주점 앞을 지나가는 자신을 피해자 일행이 쳐다보았다는 이유로 C주점로 들어가 위험한 물건인 쇠젓가락을 오른손에 쥐고 주먹을 휘둘러 피해자 D(24세)의 얼굴을 1대 때리고, 피해자 E(23세)의 멱살을 잡아 목을 조르며 “씨발놈아 뭘 야려”라고 하며 위 피해자의 눈을 찌르는 시늉을 하고, 위 피해자의 머리를 팔로 감아 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Seizure records;

1. Application of ct-V photographs Acts and subordinate statutes

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (the point of assaulting carrying dangerous objects);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The first-class crime for sentencing under Article 62-2 of the Social Service Order Act (amended by Presidential Decree No. 2010, Apr. 1, 2009) is a second-class crime (amended by Presidential Decree No. 2010, Apr. 1, 2009) where he/she committed a crime by carrying a deadly weapon or other dangerous articles (except where special assault is applicable) in the area of aggravation (amended by Presidential Decree No. 2019, Apr. 1, 200) (except where special assault is applicable) in the area where he/she committed a crime by force of an organization or multiple persons, or by carrying a deadly weapon or other dangerous articles (except where special assault is applicable) in the area where he/she committed a crime by carrying a deadly weapon or other dangerous articles (except where special assault is applicable): From April 1 to June 6 [Pronouncement Decision] imprisonment with prison labor for six months; that a defendant in two-year suspension of execution was committed with a victim carrying dangerous articles; that was not committed at all disadvantageously against the victim.