A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On 13, 2014. 02:30 on 02:0 on 13, 2014, the Defendant reported that the victim D (the age of 57) was carrying stuffs, such as stuffs, in hand, and used the victim's left hand by driving away from the victim's right, and used the victim's bucks, which are dangerous articles that were loaded in hand handbucks (the length, 115C, diameter 2.7Cm) at one time, and used the victim's hacks, which are dangerous articles that were loaded in hand handbucks (the length, 115C, diameter 2.7m) at one time, and assaulted the victim's hacks at one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Seizure records;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) of the Criminal Act (the point of assaulting carrying dangerous objects);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. As to the assertion of the Defendant and his defense counsel under Article 48(1) of the Confiscation Criminal Act, the Defendant’s defense counsel asserts that the Defendant’s thief and his thief, by displaying the thief pipe to the Defendant, are over-defense or over-defense to defend it.

살피건대, 이 법원이 적법하게 채택하여 증거조사한 각 증거들에 의하여 인정되는 다음과 같은 사정들 즉, 피해자가 새벽시간에 인적이 드믄 곳에 리어카를 끌고 간 점은 인정되지만 피해자는 수사기관에서부터 이 법정에 이르기까지 대체로 일관되게 지하수 물도 뜨고 폐지도 수집하려고 안골쪽으로 가는데 피고인이 자신을 도둑으로 오인하여 폭력을 행사하였다고 진술하고 있는 점, 경찰이 현장에 출동하였을 때 피고인은 피해자와 일대일로...