A defendant shall be punished by imprisonment for not less than eight 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 2019. 6. 10. 10:55경 진주시 B에 있는 C 식당에서 같이 술을 마시던 피고인의 매부 피해자 D(45세)에게 기존에 빌려간 480만 원을 갚으라고 독촉하였으나 피해자가 “금액이 왜 이리 많냐”라고 반말을 하였다는 이유로 화가 나 피고인이 앉아 있던 테이블 위에 있는 위험한 물건인 빈 소주병으로 피해자의 머리를 1회 때리고, 계속하여 그 옆 테이블 위에 있는 위험한 물건인 과도를 손에 들고 피해자를 향해 휘두르며 “이 개새끼 직이삔다”라고 큰소리로 말하였다.

As a result, the defendant carried dangerous objects with the victim about two weeks of medical treatment, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Damage photographs;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 7, 9);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 284 and 283 (1) (a point of special intimidation 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. Scope of recommended sentences according to the sentencing criteria;

(a) Special injury (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury (Special Bodily Harm) (Special Bodily Harm) mitigated element: Reduction area of self-denunciation or internal accusation (the recommended area and the scope of recommendations), mitigation area of imprisonment with prison labor, four months to one year;

(b) Class 2 crime (Special Intimidations) (Special Intimidations). Intimidations [Type 4], repeated crimes, special intimidation (Special Intimidations): In the event that punishment is not imposed (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of recommending areas and recommending sentences).