A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 피해자 B에 대한 특수폭행 피고인은 2019. 4. 25. 20:35경 김제시 C에 있는 D 치킨집에서, 피해자 B과 후배인 E와 함께 술을 마시던 중 E로부터 욕설을 듣게 되자 화가 나 피고인의 집 싱크대 위에 있던 위험한 물건인 과도(칼날 길이: 10cm)를 들고 다시 위 D 치킨집 앞으로 가 이를 손에 쥔 채 피해자 B(51세)에게 다가가며 “죽여 버린다”라고 하고, 위 과도를 빼앗으려 하는 피해자의 얼굴을 다른 손 주먹과 발로 수회 때렸다.

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

2. The Defendant suffered special injury to the victim E, at the above date and time, and at the above place, has reached a knee lower knee of the victim E (age 49) who intends to take the victim’s right side, which is a dangerous object cited by the Defendant in his/her hand.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as the heart inside the right slive system, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (related to the initial record page), a report on investigation (related to a diagnosis report), a report on investigation (related to the field CCTV images), a report on investigation (related to the DNA inspection of the seized blade), a report on investigation (related to the DNA inspection of the victim's body photograph, the length of the body and depth), and a report on investigation (related cases of the victim's body photograph

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) (a point of special violence and choice of imprisonment), and 258-2 and 257 (1) (a point of special injury) 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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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

1. Application of the sentencing criteria;

A. Class 6 (Cumulative Offense and Special Violence) is the mitigated area (2 months to February 12).