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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) on October 14, 2013, the Defendant: (i) around 20:00, and (ii) around 50 years old, in the Eju week operated by the Victim D (A), the Defendant and his/her related parties were trying to get back the victim’s head on the ground that the victim’s head was in de facto dispute with the victim, but (ii) the Defendant and his/her related parties were trying to get out of the victim’s head on the ground that he/she got out of the victim’s left arms.
As a result, the defendant carried dangerous things and caused the victim to have a hole on the left side of the arms where the days of treatment can not be known.
2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and, at the same time and place as set forth in paragraph (1) at the same time and at the same place as set forth in paragraph (1), committed an act by the victim, having the victim faced with violence as set forth in paragraph (1), and faced him/her with the escape of him/her, leading him/her to the victim, leading him/her to the victim, and doing so.
Accordingly, the defendant carried dangerous objects and threatened the victim.
3. The Defendant destroyed and damaged a computer key in an amount equivalent to 20,000 won at the market price, which was the victim’s possession, by continuously gathering a chair in the restaurant on the ground that the chair became in the same place at around 22:00 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to field photographs, internal investigation reports (Attachment of victim's standing photographs), and investigation reports (Attachment of written estimates);
1. Article 3 (1), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 257 (1), Article 283 (1) (the occupation of carrying a dangerous article or intimidation) and Article 366 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.