A defendant shall be punished by imprisonment for not more than ten 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

피고인은 2018. 6. 24. 19:20경 청주시 청원구 B에 있는 C병원 장례식장에서 친동생인 피해자 D(55세)의 빙모상에 찾아가 피해자를 장례식장 밖으로 불러내어 “야, 이 씹새꺄. 너 때문에 우리 어머니가 돌아가셨다.”라고 말하며 손바닥으로 피해자의 뺨을 때리고 이를 제지하는 위 D의 처 피해자 E(여, 52세)의 가슴부위를 팔꿈치를 휘둘러 때리고, 근처에 있던 위험한 물건인 각목(길이 2m)을 들고 피해자 D의 왼팔을 내리쳐 폭행하고, 피해자 E의 머리부위를 내리쳐 피해자에게 약 3주간의 치료가 필요한 뇌진탕 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and medical certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) (a point of special injury), Articles 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for six months to seven years;

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

(a) Special injury (a) and repeated injury (a) and injury by special injury and repeated crime (a) and special injury (a scope of recommending area and recommending punishment) and the basic area, six months to two years of imprisonment;

(b) Second crimes (decision on types of violence) (Special Violence) and violence crimes: [Type 6] the basic area of repeated crimes and special assault [the scope of recommending area and recommending punishment], four months to ten months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to two years of imprisonment (the maximum of crimes No. 2).

3. Ten months of imprisonment with prison labor, and two years of suspended sentence: The crimes of this case.