The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

Around September 28, 2013, the Defendant, under the influence of alcohol, lacks the ability to discern things or make decisions. Around September 28, 2013, around 01:50, the Defendant was in the Emnos bank located in Seocho-gu Seoul, Seocho-gu, Seoul, with workplace rent, such as the Victim F (the age of 45) and went back with the victim, and was in a dispute with the victim due to his anti-endation, and the Defendant was in need of two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. The police statement concerning F;

1. On-site reports and photographs;

1. The defense counsel at the time of the instant case asserts that the Defendant was in a state of mental disorder by force. However, according to each of the above evidence, even though the Defendant was under the influence of alcohol at the time, it cannot be viewed that the Defendant was in a state of mental disorder beyond the state of mental disorder. Thus, the above assertion by the defense counsel is rejected

Application of Statutes

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental disorders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 2009Da14488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 201))

1. Ten months of suspended imprisonment; and