A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On September 28, 2017, each of the assaults against F against which prosecution was instituted was dismissed.

피고인은 2017. 3. 12. 19:50 경 대구 서구 C에 있는 ‘D’ 식당에서, 피해자 E(66 세) 과 함께 술을 마신 후 돈을 모아 술값을 계산하기로 하고 피해 자로부터 1만원을 받았음에도 술값을 계산하지 않아 피해 자로부터 돈을 돌려 달라는 말을 듣자 화가 나서, 손으로 피해자의 오른쪽 손목을 잡고 뒤로 꺽고 피해자를 위 식당 밖으로 밀어 내 어 피해자를 폭행하였다.

At the above-day restaurant, Defendant 1, while assaulting the victim as above, she did not look at the place again from the fluence in question, and she saw the fluent singled singled singled singke, which is a dangerous object located in the customer at the place, as her hand, and threatened the victim by intending to cover the last part above the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the salted sled photographs, investigation reports (list of evidence 8);

1. Relevant legal provisions and the choice of punishment for the crime - Article 260(1) of the Criminal Act (the point of violence) and Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act - Selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 44-2 of the Act on the Medical Treatment, Care, Custody, etc.;

1. Sentencing criteria;

(a) Class 1 crime (the scope of a recommendation) and Category 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) in the basic area (six months to one year and six months) (no person who is subject to special sentencing)

(b) The final range of punishment due to the aggravation of the crimes No. 2 [Scope of Recommendations] No. 1 (General Violence) in the basic area (No. 2 months-10 months) (Special Sentencing). The final scope of punishment due to the aggravation of the crimes: 6 months to 11 months;

2. The criminal defendant who has been punished by a fine, suspension of execution, sentence due to the same kind of violence, etc. on several occasions;