A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The defendant and the victim B(57 years of age) and the victim C(51 years of age) are as follows: D's introduction, which works as a part of a daily part at the E apartment construction site.

피고인은 2018. 12. 22. 17:30경 부산 서구 F에 있는 G 안경점 앞 노상에서 피해자 B이 피고인과 친한 사이인 H의 일을 가로챘다고 생각하여 이에 화가 나, 일을 마치고 인력수송용 차량에서 내리는 피해자 B에게 다가가 피해자 B의 머리를 2회 때리고, 피해자 B을 향해 신문지로 감싼 위험한 물건인 식칼을 치켜 들고 피해자 C에게 다가가 신문지에 쌓여 있던 위험한 물건인 식칼을 꺼내고 ‘야 이 새끼야, 너 이리와’라고 말하며 피해자 C를 찌를 듯이 위협하였다.

Accordingly, the defendant assaulted the victim B and threatened the victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against I, J and C;

1. Application of Acts and subordinate statutes on police statements concerning B, K, and L;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor;

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the victim was threatened with a knife, which is a dangerous article by the defendant, and that the defendant was sentenced to a fine several times for violent crimes, and that the defendant did not agree with the victims, is disadvantageous to the defendant.

However, considering the fact that the defendant has no record of being sentenced to the suspension of the execution of imprisonment without prison labor or heavier punishment, and that the defendant has been detained for at least one month and has an opportunity to reflect.

The age, character, conduct and environment of the defendant, and the crime of this case.