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

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

The defendant is the owner and the captain of C who are engaged in fishery as the captain.

피고인은 2013. 7. 20. 02:45경 동해시 D에 있는 E사무실 앞에서, 피해자 F(53세)이 2013. 7. 12.경 G 항계 경계선에서 작업을 하고 있던 피고인에게 무전기를 이용하여 심한 욕설을 하였다는 이유로 화가 나, 피해자에게 욕설을 하고, 주변에 있던 위험한 물건인 각목(길이 약 70cm)을 가지고 와 각목으로 피해자의 머리 부위를 1회 때리고, 목 부위를 3회를 때리고, 발로 피해자의 얼굴을 1회 걷어찼다.

As a result, the defendant carried dangerous objects with the victim about two weeks of treatment, thereby undermining the personality of the two skins that require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs, medical certificates and seizure records;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [see, e.g., the fact that the Defendant is against the mistake, the fact that the Defendant continues to commit the instant crime with no electricity used for the official use by the other vessel owners, which led to the occurrence of the instant crime, the fact that the degree of injury suffered by the victim does not vary, the degree of injury suffered by the victim does not seem to be serious, and the fact that the neighboring vessel owners want to take the Defendant’s preference against the Defendant];

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;