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.

Punishment of the crime

The defendant is a person who has disturbed with the victim B (n, 52 years of age).

Defendant on June 22, 2020, Daehan-gun C around 22:00 and around 22:00

At the 5th floor of the main point, in the idea that the victim may associate with another male, the victim's face and body are 4 times in size with the hand, the victim's breath was shakingd by hand, the victim's hallway with a hallway of 112 report of the 112 report of the defect, and the victim's breath part of the victim's left side was flicked by a cigarette, which is a dangerous object.

As a result, the Defendant carried dangerous things and put a picture on the part of a wooden part where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. The Defendant’s written statement of statement concerning the Defendant’s partial statement B (field and photograph) and photograph [the Defendant and his defense counsel asserts that a cigarette may not be dangerous things. The issue of whether an article constitutes “hazardous things” ought to be determined depending on whether the other party or a third party could cause harm to his/her life or body when using the article in light of ordinary social norms (see, e.g., Supreme Court Decisions 2007Do3520, Mar. 26, 2009; 2010Do930, Apr. 29, 2010). Taking full account of the victim’s statement, the victim’s investigative agency’s statement, the damaged parts and degree of damage indicated in the photograph, etc., the fact that the Defendant inflicted a cigarette cigarette on the victim’s left part in the course of assaulting the victim. Accordingly, the Defendant’s assertion that a cigarette or a third party could have caused harm to the victim’s body by using the cigarette constitutes a dangerous element under the social norms cannot be accepted.

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.