A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, under the condition that the Defendant would receive the construction cost of KRW 2 million from the victim B (the age of 59), set the package of the D parking lot in Sacheon-si C, and even after completion of the construction, the Defendant paid only KRW 730,000 and did not pay the remainder of the construction cost on the ground that there was a defect in the said construction work.

피고인은 2015. 3. 8. 13:00경 위 D 주차장 시멘트 포장 공사 현장에 찾아가, 피해자가 나머지 공사대금을 주지 않는다는 이유로 그곳 바닥에 있던 위험한 물건인 각목(두께 3cm, 길이 1m 70cm)을 손에 들고 피해자를 향해 휘두르고, 바닥에 있던 위험한 물건인 망치를 손에 들고 피해자의 가슴과 배를 수회 꾹꾹 찌르고, 손으로 피해자의 멱살을 잡고 끌고 갔다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each photograph and CCTV screen;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended according to the sentencing criteria: (a) there is no special assault (a person specially punished) (a person subject to recommendation shall be punished by imprisonment for not less than six months but not more than one year and not more than ten months;

2. The crime of this case in which the defendant committed the crime of this case, which is a dangerous object, while resisting the payment of the price for the work, is committed by assaulting the victim with each item and the network, which is a dangerous object. In light of the motive, circumstance, means, and risk of the crime, the nature of the crime is not good, and even if the defendant did not make an endeavor to reach an agreement with the victim, the criminal liability of the defendant is not against the law.

However, the defendant reflects his crime, and assault of the defendant.