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

On October 26, 2013, at around 19:25, the Defendant: (a) requested the victim D (the age of 39) who was on the street in front of the Nam-gu Seoul metropolitan apartment 203-dong, to move a vehicle while engaging in a dispute with the victim, but was refused to move the vehicle, and (b) caused the victim’s breath’s breath by hand, and used the breath, which is a dangerous object used while performing over-day funeral, by taking the 9cm in the right flag, and then assault the victim’s left side side flaf at one time.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes to the list of seizure, report on investigation (ablocks, handphones, excessive pictures, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) 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. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] The basic area (6 months to 10 months), including the risk of deadly weapons used by the defendant for committing the crime, multiple same criminal records, minor criminal records, the degree of damage, the fact that the victim does not want the punishment of the defendant, the fact that the defendant has no penalty power exceeding the fine, and other various sentencing factors such as the age, character, conduct and environment of the defendant, shall be determined in a prison term and the execution of the sentence shall be suspended in addition to probation for the prevention of recidivism.

Parts of innocence

1. The summary of the facts charged is the No. 1033,00,000.

The Defendant, around 19:40 on June 8, 2014, demanded several occasions from the victim G (the age of 44) to sell 8,000 won at KRW 3,00 on the front way of “F” in the Nam-gu Gwangju metropolitan area E.