A defendant shall be punished by imprisonment for not less than one year and 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.

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단흉기등상해) 피고인은 2013. 5. 19. 19:30경 경남 거창군 C에 있는 논에서 평소 피해자 D(63세)이 주동하여 마을사람들과 함께 피고인을 따돌리고 있다는 이유로 “D이 이 새끼 때리 죽이삔다. 징역 살리라.”고 하면서 위험한 물건인 괭이로 피해자의 좌측 안면부를 1회 가격하고, 계속하여 바닥에 쓰러져 있는 피해자의 허리부분을 3회 내리쳤다.

As a result, the defendant injured the victim about 14 days of medical treatment, such as open wound, etc.

2. At around 13:00 on May 23, 2013, the Defendant: (a) opened a gate that was not corrected in the victim F’s residence located in Chungcheongnam-gun, Chungcheongnam-gun; and (b) intruded into the victim F’s residence.

3. The Defendant assaulted the victim F by drinking the victim F's chest on the ground that the victim F (n, 61 years of age) goes at his house on the date, time, place, as described in paragraph 2, on the ground that the victim F (n, 61 years of age) goes at his house, and by walking the victim F's right right side, on the one hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 216 (1) of the Criminal Act (the occupation of violence and the choice of imprisonment);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent aggregated with the punishment provided for in the Act on the Punishment of Violences, etc. which is the largest penalty)

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is the primary offender, and it is against each of the crimes in this case.