Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 2, 2014, around 01:25, the Defendant: (a) was at the entrance of the toilet at the entrance of the victim D(46 years old) and E(52 years old) who took meals next to the Defendant when smoking tobacco in the “C” restaurant located in Yangsan-si B.
When two glass bottles face each other, the victims are threatened with two shoulder glass bottles, which are dangerous articles by the two descendants, and the victims are referred to as the "craising the probability" and the victims are threatened with each other.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Written statements of D;
1. Sick-proof photographs;
1. Application of CCTV image photograph Acts and subordinate statutes;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning a crime;
1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a victim for a violation of the Punishment of Violences, etc. Act (a group, threat of deadly weapons, etc.) and a violation of the Punishment of Violence, etc. Act (a group, a deadly weapon, etc.) against D with heavy criminal circumstances) 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. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Class 4 (Special Intimidation): Where the degree of intimidation is minor (the scope of sentencing recommendation) or one year (the area of mitigation) of a violent crime according to the sentencing guidelines; and
2. The punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the degree of intimidation and intimidation to the victims of the decision of sentencing was not significant; (b) the Defendant does not have any force to punish violent crimes; (c) the Defendant repents the Defendant’s mistake; and (d) the Defendant’s age, character and conduct, environment, etc. as shown in pleadings.