A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is apartment security guards C.

피고인은 2017. 9. 23. 06:00 경 서울 노원구 C 아파트 4 동 입구에서, 우천 시 쓰레기 분리수거 장소에 깔 판을 까는 문제로 동료인 피해자 D(61 세) 과 말다툼을 하다가 화가 나 “ 이 새끼 ”라고 윽박지르며 손으로 피해자의 멱살을 잡아 흔들고 곁에 있던 위험한 물건인 삽을 휘둘러 피해자의 왼쪽 허벅지를 2회 때렸다.

As a result, the defendant carried dangerous objects with the victim about three weeks of treatment, and led the victim to the left-hand side of the light and the outer part of the light.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a medical certificate of injury or a copy of a medical certificate;

1. Application of Acts and subordinate statutes to the investigation report (as to the insertion used by the person to whom such report is made);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the Defendant’s attempt to commit the instant crime.

In addition to the fact that the defendant was punished twice by a fine for about 20 years, there is no other criminal record for a long time.

In this case, the defendant and the victim agreed to pay 10 million won to the victim.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.