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

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

On October 4, 2018, the Defendant used the victim D (56 years old) that he lent KRW 10 million to himself at the house of the land located in Gyeyang-gu Incheon Gyeyang-gu, Incheon around 17:00 on October 4, 2018, and used the victim's cell phone, which is a brue and dangerous object, one time at the victim's left-hand son and one time at the victim's chest knee who was over the brue of the victim's chest.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as a chest boom that requires treatment for about five weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and C;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes to loan certificates, damaged photographs and mobile phone photographs;

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 for discretionary mitigation;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. Although the main point of the argument and the victim had been faced with a mobile phone owned by the defendant while fighting, there was no criminal intent to injure the defendant at the time.

2. In light of the facts and circumstances acknowledged by the evidence duly adopted and examined by this court, ① the victim D, who was the victim’s hand her cell phone in the investigative agency and this court, consistently stated that the victim’s chest was assaulted by kneeing the victim’s chest with the victim’s chest going back to the left-hand side of the victim’s chest, and ② the victim’s photograph (the victim’s back back back to the left-hand side, the victim’s back to the left-hand side was teared, and the victim’s back to the left-hand part was wideed), as alleged by the defendant, the victim’s cell phone was used as the victim’s statement rather than the victim’s statement.