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

On February 12, 2015, at around 17:39, the Defendant started driving the fire fighters cut to use the fire fighters cut to the fire fighters in his own vehicle after the mountain village in the Yancheon-gun, Gohap-gun, Gyeongcheon-gun, in order to turn the way for the victim B (59 years of age) who driven the vehicle on the front part of his own vehicle.

이에 피고인은 피해자가 타고 있던 C 화물차로 다가가 "빨리 내리라. 개새끼야 때려 죽인다."고 하면서 차량 앞유리와 백미러 부분을 주먹과 발로 차고, 겁을 먹은 피해자가 위 차량에서 내리지 않자 피고인의 차량 적재함에 실려 있던 위험한 물건인 농업용 삽(길이 1m)을 들고 피해자의 차량 앞유리를 내리쳐 시가 70,000원 상당의 피해자의 차량 앞유리를 깼다.

In this respect, the defendant carried dangerous objects and thereby damaged the victim's property and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (attached to a written agreement and estimate);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (a threat to carry dangerous articles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into account for the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] and the scope of the mitigated sentence (4 months to 1 year), (4 months to 1 year) (special sentencing) (special sentencing factors): Reduction factors: Imprisonment with prison labor for not more than 6 months (the scope of corrected recommended punishment).