A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On May 19, 2015, the Defendant was sentenced to two years of imprisonment with prison labor and three years of suspended execution as a crime of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court, and the judgment became final and conclusive on May 27, 2015.

[Criminal facts]

1. On June 24, 2017, around 13:10 on June 24, 2017, the Defendant used assault against the victim C, on the ground that the grandchildren of the victim C (in women, 59 years of age) play in his/her house and interfered with his/her house, on the ground that he/she did not interfere with his/her house, and on his/her hand, used the victim’s buck with his/her hand at one time, bat the buck, and bat the bats of the said victim, and used it.

2. The Defendant, at the same time and place as indicated in the above paragraph 1.3, expressed the victim E (59) who is the husband of the above C, and expressed the victim’s face one time in drinking, and attempted to leave the victim with cement materials, which are dangerous things in the vicinity, with cement materials (not less than 38cm in length, about 21cm in length), at the same time and at the same place as indicated in the above paragraph 1.3.4, the Defendant threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol against C and E;

1. Photographs (damage and criminal tools);

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence, each choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of threat to carry dangerous objects and the choice of imprisonment) concerning the facts of crime under the corresponding provision of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. A crime subject to the sentencing guidelines for the first category [the scope of the recommended punishment] is the basic area of the second category (the scope of the recommended punishment) that does not exist in the basic area (six months to one year and six months) of the 4 types (Habitual, repeated, and special intimidation) (one year and six months) (the person subject to special sentencing) (the scope of the recommended punishment).