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

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

Criminal facts

On June 30, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (refluence of the measurement) in Incheon District Court on June 30, 2018 and the said judgment became final and conclusive on June 28, 2018.

At around 22:00 on September 9, 2016, the Defendant: (a) heard the horses from the victim D (Inn, 23 years of age) who was living together in the apartment B apartment C in the Namyang-si, Gyeonggi-do, the Defendant inflicted an injury on the victim, such as chrony, which is a dangerous object that had been living in the main room of the site (the total length is 28 cm, 15 cm in length) by listening to the horses; (b) cutting down the victim’s neck by hand; and (c) cutting down the dangerous object that was in the main room of the site (the total length is 28 cm, 15 cm in length).

The Defendant, while carrying such dangerous objects, injured the victim.

Summary of Evidence

1. Legal statement of witness D;

1. On-site photographs;

1. On-site photographs and photographs of criminal tools;

1. A photo of the damaged part;

1. Details of text messages;

1. A written diagnosis of injury;

1. Confirmation of on-site photographs;

1. Suffic knife photo;

1. A copy of the day-time service day at night on September 9, 2016, for a police box within the Southern Jeju Police Station;

1. Previous convictions in judgment: Criminal records, defendant's legal statement, and application of Acts and subordinate statutes (Jincheon District Court Decision 2018 High Court Decision 2691);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the Defendant, while in possession of a deadly weapon, and the nature of the crime is poor, the Defendant denies the crime, and the degree of injury is not much serious than the degree of unfavorable circumstances and injury, such as the agreement with the victim or failure to recover from damage. The Defendant committed the crime of this case by chance in the process of hedging with the victim.