Text
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.
Reasons
Punishment of the crime
[criminal power] On October 13, 2014, the Defendant was issued a summary order of one million won as a result of the crime of interference with business at the Suwon District Court’s Ansan Branch, and on June 30, 201, the Seoul Southern District Court was sentenced to a suspended sentence of two years for a year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.).
【Criminal Facts】
피고인은 2017. 12. 13. 10:50경 안양시 만안구 B, C호 피고인의 주거지 베란다에서, 위 주거지 앞 골목길을 내다보면서 그곳을 지나던 피해자 D(여, 39세)을 향해 위험한 물건인 소주병을 던지고, 피해자가 깜짝 놀라 피고인을 올려다보며 던지지 말라고 하자 “경찰에 신고하려면 신고해.”라고 소리를 지르며 피해자를 향해 냄비를 던졌다.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. On-site photographs;
1. Application of Acts and subordinate statutes to investigation reports (112 on-site exit situations, etc.);
1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant is not aware of the fact that he/she committed another crime without being aware of the fact that he/she had been punished several times due to the same kind of crime and the risk of the method of committing a crime.
However, it is decided as ordered by comprehensively taking into account the fact that the defendant's mistake is recognized and reflected, that the victim does not directly fit for the goods that the defendant left, the circumstances after the crime, the age and environment of the defendant, etc.