A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant was dissatisfied with the victim’s complaint on the ground that the Defendant was about five years from the “C” located in Yangsan-si, and around August 4, 2020, after withdrawal from around August 4, 2020, the victim D (the 60-year-old age), the president of the said company, deducted the business points previously managed by the said Defendant from the previous ones.

On August 7, 2020, the Defendant, while under the influence of alcohol on August 7, 2020, opened a back door to “C” managed by the said injured person, and infringed upon the victim’s residence.

2. 특수 폭행 피고인은 제 1 항과 같은 일시, 장소에서 위 D의 아들인 피해자 E(39 세) 가 피해자에게 " 술에 취했으니 오늘은 그만 돌아가라" 고 말하자 화가 나, 주방에 있던 식칼 두 자루를 양손에 들고 나와 오른손에 쥔 식칼로 피해자의 왼쪽 옆구리를 찌를 듯이 위협하고, 왼손에 쥔 식칼을 피해자에게 휘두르다가 칼자루로 피해자의 왼쪽 눈썹을 1회 찍고, 피해자의 우측 엄지손가락을 깨물어 피해자를 폭행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of the statutes on seizure records and lists of seizure and on-site photographs;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 261 and 260(1) of the Criminal Act (the point of special assault) and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Violence) (Special Violence) / [Determination of Type] Violence / [No. 6] / Special Violence / Special Violence / Special / Special Assault / Special Sentencing : In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage has been recovered (the area of recommendation and the scope of recommendation] mitigated area, two months to one year;

(b) Category 2 crimes (Intrusion upon residence) are the sentencing criteria.