A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On January 10, 2019, the Defendant was sentenced to one year of suspension of the execution of three months of imprisonment for a special assault by the Incheon District Court, and the said judgment became final and conclusive on January 18, 2019.

【Criminal Facts】

The defendant and the victim B(the age of 49) are seafarers of the inshore fishing vessel C at the cost of the falling month of the Jeonnam-gun.

On December 25, 2018, at around 00:57, the Defendant, at the crew room of the ship in front and in front of the area D in Newanannam-gun, the Defendant: (a) carried out a one-to-stop game with three crew members; (b) was punished for trial expenses for reasons of influence with the victim who was killed in front of the ship; (c) was knife a knife (not less than 30cm in total length, knife length) which is a dangerous object on the part of the ship; and (d) went into the crew room, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and B;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, etc. inquiry reports, investigation reports (related to past concurrent records), certified copies of judgment, confirmation data, etc.;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing unfavorable: The fact that there are many kinds of criminal records of the defendant with the same or similar criminal records - the circumstances favorable to him/her are agreed smoothly with the victim: the fact that the crime of this case is committed in a ex post facto concurrent relationship with the special assault crime for which the judgment became final and conclusive, and the equity with the case that the two crimes have been adjudicated at the same time shall be considered - Other factors for sentencing