A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On December 24, 2020, the Defendant: (a) around 12:20 on December 24, 2020, in Gwangju Mine-gu, and (b) around 57 years old, brought about a dispute with the victim C and half-year-old; (c) made it possible to detect the victim’s neck with his hand; (d) flab with his hand; (e) flab with his string and flab with his string (17cm in length on the day, 12cm in hand, kniff with knife).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A medical certificate of injury / A medical certificate;

1. On-site, blades, photographs, etc.;

1. Application of Acts and subordinate statutes to report on investigation (to listen to the statement by the counter party of a wooden studio D);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment for six to five years (reduction of amount);

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment] special injury [the person subject to special sentencing] mitigated elements: Minor injury [the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [ the scope of the recommended punishment revised according to the sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range that is recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for ten months, suspension of execution for two years, community service hours for 120 hours; and

4. The specific reason for sentencing is that the nature of the crime is not good in light of the risk of the method of punishment, and that it is not agreed with the victim is disadvantageous.

However, the confession of the defendant, the injury of the victim is relatively minor, the injury of the victim is not directly generated from the dangerous thing itself, and there is no record of criminal punishment.