A defendant shall be punished by imprisonment for six months.

The seized t.e. (No. 1) shall be confiscated.

Punishment of the crime

[criminal history] On December 28, 2016, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of special official duties at the Busan District Court, and on December 24, 2017, the execution of the above punishment was completed at the Busan Detention Center.

[ 범죄사실] 피고인은 2020. 6. 18. 00:55 경 부산 수영구 B, 1 층에 있는 피해자 C(42 세) 의 집에 찾아가, 피해자에게 “ 야 이 새끼야, 니 우리 집에 화분 깼제. ”라고 하면서 위험한 물건인 야전삽( 높이 45cm, 가로 30cm) 을 피해자를 향해 겨누어 위협하고, 피고인을 말리는 피해자의 얼굴 부위를 주먹으로 3회 때렸다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. Before ruling on seizure records and the list of seized records, photographs of the victim's photograph, a refinite photo, screen image CDs, and previous records of the ruling: Application of a reply to inquiry, text of the ruling (the Busan District Court Decision 4881, 7108, 201, 201, 7108), and statutes on the personal accommodation status;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 6] violent crimes [type 6] repeated crimes and special assault [Special Sentencing referring to a person who is in charge of sentencing]: The factors to mitigate the aggravated punishment (including serious efforts to recover damage) or where considerable damage has been recovered: the mitigated repeated crime (excluding the category of repeated assault among the six types] [the area of recommendation and the scope of recommended punishment] mitigated area, February through February, and February;

3. Determination of sentence: The following various sentencing conditions: imprisonment with prison labor for six months, and the age, sex, environment, motive and circumstance of the instant crime, means and result of the instant crime, and all of the sentencing factors shown in the records and trial process, such as the circumstances after the crime.