A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around 08:15 on June 2, 2013, the Defendant and C came to have a mutual dispute on the ground that at the front of Eunpyeong-gu Seoul Metropolitan Government D, the Defendant was getting a car owned by the Defendant, and the victim F (23 years of age) and two persons working for the Defendant were working for the Defendant.

그 과정에서 피고인과 C은 공모하여, 피고인은 “야 너희 거기 서봐, 뭘 쳐다봐”라고 소리를 치면서 위험한 물건인 알루미늄 야구배트(길이 80cm)를 꺼내 들어 피해자 일행을 때릴 것 같이 행동하여 협박하고, C은 흉기인 접이식 칼(칼날길이 15.5cm)을 위 피해자의 목에 들이대고 위협을 하다가 피해자의 우측 쇄골부위를 1회 찔러 위 피해자에게 치료일수 미상의 피부가 약 1.5cm 찢어지는 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning G and F;

1. The degree of injury to the F, and photographs of the injured part of the victim;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that it is white and reflective, the degree of damage, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act)