A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a member of the victim C(51) and the company, and the defendant has been dissatisfied with the victim's work instruction in the Namdong-gu Incheon Metropolitan City D from one year to one year.

피고인은 2018. 9. 12. 08:00 경 인천 남동구 D에 있는, 2 층 작업장에서 피해자와 전날 작업 지시 문제로 다퉜던 것에 이야기를 하다가 “ 어제 얘기한 대로 머리를 부서 버리겠다 ”라고 말하였고, 이에 피해자가 “ 좋을 대로 니 맘대로 해 라 ”라고 말하자 가방에 준비해 둔 위험한 물건인 쇠망치( 길이 약 32cm )를 꺼내

In the case of two times the victim's head part, the victim suffered injury to the victim, such as sugar, in which there was an open room for treatment between about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

1. Where the sentencing criteria [the range of recommended punishment] [the range of recommended punishment] Special Bodily Injury and Cumulative Bodily Injury Type 1 (Special Bodily Injury) (4 months to 1 year), the mitigated area (the person subject to special mitigation), the punishment not for punishment (including serious efforts to recover damage), or considerable damage has been recovered;

2. The attitude of committing the crime was very dangerous because the defendant's decision-making decision-making has been prepared in his house to get the head of the victim.

However, it can not be seen that the strong price was caused by the loss, but it is not likely that the degree of injury was excessive.

7 million won has been paid to the victim and only agreed.

The defendant is the first offender.

In full view of the above circumstances, the punishment as ordered shall be determined as above.