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 this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from December 27, 201 to February 7, 2012, the Defendant, at Gyeongsan-si D, jointly conspired with F, etc. operating Ecafeterias, from December 27, 2011 to February 7, 2012. With respect to a case interfering with business on February 17, 2012, the Victim G (58 years of age) was investigated by the police and the prosecutor’s office, stated at the police as witness of the case, and submitted a written statement to the prosecution through the F’s husband.

As seen above, the date and time of the crime in the instant facts charged on June 20, 2012 for the purpose of retaliationing the victim's statement in his criminal case investigation is " around July 23, 2012." However, the date and time of the crime is not the basic element of the crime. Thus, the date and time of the crime stated in the indictment and the date and time of the crime recognized by the court are long at intervals and there is a risk of causing substantial disadvantage to the defendant's exercise of his/her right to defense, barring special circumstances, such as that the time and time of the crime and the date and time of the crime recognized by the court are likely to be significantly related to the nature of the crime, the process of amending the indictment is not required (see, e.g., Supreme Court Decisions 82Do2156, Dec. 28, 1982; 2007Do3468, Oct. 11, 2007).

7. The assault 23. 23. The Defendant committed the crime on June 20, 2012, with the following facts: (a) around June 20, 2012: (b) the victim’s neck was written down, but was not the purpose of retaliation.