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

On November 18, 2017, at around 11:40, the Defendant: (a) talked with the victim E (69 years of age) from the stairs in front of the “D” restaurant located in Busan Metropolitan City on November 18, 2017; (b) took the victim from electric wheelchairs, which is a dangerous object on board the Defendant, without any justifiable reason, and inflicted an injury on the victim by taking approximately eight weeks of the right leged part and the pelke.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A criminal investigation report (related to photographing method of the electric wheelchairs operation);

1. Whether a case constitutes an investigation report (related to field CCTV attachment), CD (hereinafter “hazardous product”) or a CD ought to be determined depending on whether the other party or a third party could feel any danger to life or body when using the product in light of social norms in a specific case.

The size or volume of the electric wheel chairs on which the defendant was on board is reasonable, and it does not include only a drown with the same drown materials, but also a single material such as steel, etc. Therefore, it is sufficient to cause a physical danger in the event of a collision with another's body by using it.

Therefore, the application of the law to electric wheel chairs used by the defendant constitutes "hazardous articles"

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution does not want the punishment of a defendant; the defendant has no record of criminal punishment since 1992; and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following circumstances: