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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2013. 4. 26. 19:30경 제천시 C에 있는 피고인의 집 거실에서, 지인 피해자 D(68세)와 함께 술을 마시던 중 피해자가 “네가 언제 군대를 UDT로 다녀왔냐, 거짓말하지 마라”라고 말하자 화가 나, “씨발놈아, 내가 UDT를 다녀왔건 안 다녀왔건 네가 무슨 상관이냐”라고 큰소리를 치면서 손바닥으로 피해자의 뺨을 수회 때리고, 발로 피해자의 옆구리를 5회 걷어찬 뒤, 주변에 놓여 있던 위험한 물건인 대나무 젓가락(길이 22cm)을 주워 움켜쥔 상태에서 위 젓가락으로 피해자의 정수리 주변을 내리찍었다.

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim for about four weeks, such as double scopic therapy.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. The Defendant and the defense counsel on the assertion of photograph description, diagnosis certificate (D) Defendant and defense counsel asserted that the salted fish of large trees does not constitute “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act.

Whether a certain thing constitutes “hazardous thing” under Article 3(1) of the Punishment of Violences, etc. Act shall be determined based on whether the other party or a third party could feel a danger to life or body when using the thing in light of social norms in a specific case.

(see, e.g., Supreme Court Decision 2010Do10256, Nov. 11, 2010). According to the evidence duly adopted and examined by this court, the defendant was found to have been injured by the two strings where the dried salt was cut down in a vertical direction. Accordingly, the victim was found to have been injured by the dried net area of about 3 cm, and the head of the victim was cut by using the sled net salt.