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

On April 30, 2018, at around 15:10, the Defendant listened to the victim D (53 tax) who was involved in the investigation of a crime of border invasion before the Defendant’s house located in the Seongbuk-gun of Seongbuk-gun, and took part in the investigation of the victim D(53). The Defendant saw the victim’s face on the wall, and saw the victim’s door to the block brick (39cm wide, 19cm long) which was a dangerous object in which the victim’s face was put on the wall, and put about about two weeks of the victim’s face on the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on internal investigation (Statement by police officers present at the same site);

1. Investigation report ( telephone conversations with victims);

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

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 reason for sentencing under Article 62(1) of the Criminal Act is the factor of sentencing unfavorable to the defendant, such as the fact that the victim injured the victim by using the block brick, which is a dangerous object, and the victim wants to punish the defendant.

On the other hand, it is the sentencing factor favorable to the defendant, such as the fact that the defendant is waiting for the crime of this case, the victim's relatively serious injury is not located, the defendant has no previous conviction prior to the dispute with the victim, and the fact that the defendant is aged.

In addition, the sentencing conditions specified in the pleadings of this case, such as the character, conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by considering all the circumstances.