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

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

Punishment of the crime

[Criminal Records] On February 16, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for special injury, etc. at the Jeonju District Court on February 24, 2017, and the above judgment became final and conclusive as it is.

[ 범죄사실] 피고인은 술에 취한 상태에서 2015. 6. 9. 19:45 경 정읍시 B 소재 ‘C’ 식당 앞 도로에서 담배를 피우며 휴대폰을 사용하고 있던 피해자 D(27 세 )에게 인근 공사장에서 주운, 위험한 물건인 곡괭이( 손잡이 길이 약 80센티미터, 곡갱이 날 길이 약 58센티미터 )를 들고 다가가 “ 핸드폰을 꺼라” 고 말하였고, 이에 피해자가 “ 왜 그러 세요” 고 말하자 곡괭이를 들어 피해자를 향해 내리 쳤으나 피해자가 곡괭이를 잡으며 막자 왼쪽 무릎으로 피해 자의 낭 심 부위를 1회 찼다.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Reports on internal investigation (related to photographing photographs);

1. Previous convictions in judgment: Application of Acts and subordinate statutes as a copy of the judgment or a conet case search result;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (The conditions for sentencing favorable to the defendant, such as the fact that the defendant is dead and reflects on the crime of this case, the fact that the defendant committed the crime of this case by contingency during his principal action, and the fact that the injured person does not want the punishment of the defendant by agreement with the victim);