A defendant shall be punished by imprisonment for not less than one year and 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 2013. 9. 3. 02:20경 춘천시 C에 있는 ‘D식당’ 앞에서 피고인이 그곳에 주차하여 둔 승용차에 피해자 E(24세)이 기대고 있어 화가 난다는 이유로 위 차 트렁크에 들어 있던 위험한 물건인 알루미늄 야구 방망이를 꺼내 들고 “대가리를 빠갠다”라고 말하며 다리를 걸어 피해자를 수 회 넘어뜨린 다음 손바닥으로 뺨을 1회 때렸다.

The Defendant carried dangerous objects with the victim, and caused damage to the victim's reputation of face requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Determination of Punishment] - In a case where habitual injury, repeated injury, special injury (special person] habitually injured, repeated crime, injury resulting from special injury (including a serious effort to recover damage) which is minor mitigation element - In a case where special mitigation area / [decision of the recommended area] 9 to 2 years and 6 months [decision of the recommended area] - In a case where the crime was committed by a negative organization or multiple force, or carrying a deadly weapon or other dangerous articles with the same criminal record (a suspended sentence for not more than five years or a fine for not less than three times) - In a case where the crime was committed by carrying a deadly weapon or other dangerous articles, it shall be deemed that there was no criminal record or more than a positive contingent sentence of suspension of execution (including a serious effort to recover damage) - There is no criminal record or more than a positive and contingent sentence of suspension of execution. [The punishment and recommendation type in law]