A defendant shall be punished by imprisonment for one year.

However, 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

『2015고단2322』 피고인은 2014. 10. 22. 12:20경 부산 부산진구 B에 있는 ‘C 편의점’ 인근 노상에서 피해자 D(43세)와 함께 술을 마시던 중 위 피해자가 버릇없이 행동한다는 이유로 화가 나 피해자를 양손으로 밀쳐 넘어뜨려 피해자의 머리부위가 그 주위에 있던 나무 벤치에 부딪히게 하고, 주위에 있던 사무용 의자를 집어들고 던져 피해자의 어깨부위에 맞게 하고, 넘어진 피해자의 몸 부위를 수회 발로 찼다.

As a result, the Defendant sustained the injury of the victim, such as tearing the ear, and having caused the injury of the days of treatment.

around 07:50 on May 6, 2015, the Defendant expressed the attitude of the Victim G(41) on the ground that “F ” in Busan Jin-gu, Busan, had been seated to the bet the Defendant’s examination, was broken by misunderstanding that the Victim G(41) was on the floor of the Defendant’s examination, was broken down by putting him/her on the floor due to a fluor’s disease, and was in his/her possession of excessive amount of dangerous objects, thereby putting him/her up toward the victim, and threatening him/her “a fluor, anywhere,” thereby threatening him/her to any danger and injury on the part of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D, H and G;

1. Seizure records;

1. Application of Acts and subordinate statutes on standing photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 283 (1) and 257 (1) of the Criminal Act;

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Type 4 (Habitual Offense, Habitual Offense, Special Intimidation) and the aggravated area (8 to 2 years) (8 to 2 years) of the Criminal Act for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act.