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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around 23:00 on October 3, 2013, the Defendant: (a) stated that the victim F (the age 49) residing in the same studio 103 of the same studio 102, which is a pro-friendly C, rode D, and E, the Defendant’s residence of the Defendant, while drinking alcohol together with the Defendant, called “Is the Defendant’s house” and “Is the victim’s house” and “Is the victim’s house 103 of the above fudio 103 where the victim F is residing; (b) followed the victim F’s frop and arms; and (c) the Defendant, on drinking, carried the kitchen blade (the total length of 27cc, the daily length of 18cc) with the dangerous article in subparagraph 102 above at the victim’s face; and (d) sought to kill the victim’s house and the knb “Is the victim’s knife with the victim’s k.”
이때 피고인은 위 원룸 101호에 거주하는 피해자 G(52세)이 위 장면을 지켜보고 있는 것을 발견하고 피해자 G에게 “야 조선족 무시하냐”라고 말하며 다가가 칼을 오른손에 쥔 채 오른 주먹으로 피해자 G의 왼쪽 팔을 1회 때리고, D, E는 피해자 G에게 “왜 무시하냐”라고 말하며 각각 손으로 피해자 G의 목을 잡고, C도 피해자 G에게 “야 우리를 왜 무시하냐”라고 말하며 오른손으로 피해자 G의 목을 잡고 피해자 G이 들고 있던 휴대전화를 빼앗아 바닥에 내던졌다.
In this respect, the Defendant, together with D, E, and C, assaulted victims by carrying dangerous objects.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement related to F and G;
1. Records of seizure and the list of seizure;
1. Application of statutes on site photographs;
1. Article 261 and Article 260 (1) of the Criminal Act ( point of special violence) and the selection of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.