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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2019. 10. 16. 10:00경 창원시 마산회원구 B에 있는 C노래방에서, 업주인 피해자 D(여, 62세)로부터 술값을 선불로 지급할 것을 요구받자, “개같은 년, 술값을 냈는데, 왜 안냈다고 하노.”라고 욕설을 하며 위험한 물건인 맥주병을 잡아 피해자에게 때릴 듯이 위협하고, 주먹으로 피해자의 어깨를 때리고, 왼손으로 위험한 물건인 맥주잔을 쥔 채 오른손으로 피해자의 멱살을 잡고 목을 조르는 등 폭행하였다.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Application of the Acts and subordinate statutes to the scene of crime and photographs thereof;
1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. The scope of recommendations that set the sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: The opinion of the prosecutor in April to October (basic area): Imprisonment with prison labor: four months; imprisonment with prison labor for a period of four months; imprisonment with prison labor for a two-year defendant in a two-year probation; and imprisonment with prison labor for a two-year period of a two-year defendant has the same criminal history on several occasions;
However, the defendant recognizes the facts of crime.
There shall be no criminal records exceeding fines after 2004.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.