A defendant shall be punished by imprisonment for a term of one year and eight months.

Punishment of the crime

On March 19, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for special injury, etc. at the Gwangju District Court on March 19, 2019, and the said judgment became final and conclusive on March 27, 2019 and is currently under suspended execution.

The defendant and the victim B (the age of 49) reside in the same apartment house, and they are known to the public.

On January 29, 2020, the Defendant, at around 00:42, 00, drinked alcohol with the victim at D’s house located in Gwangju Northern apartment Dong, and collected net dump (40cm in length) that is a dangerous object from the victim and Sivia, and caused the victim to inflict an injury, such as cutting down two dubs that require approximately four weeks of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. B written statements;

1. A written diagnosis of injury;

1. On-site photographs;

1. Investigation reports (fields, etc.);

1. Previous records: Application of criminal records, inquiry reports, and Acts and subordinate statutes attached to suspended sentence;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. The scope of punishment by law: One to ten years of imprisonment;

2. Extent of the recommended punishment according to the sentencing guidelines (decision of types) of violent crimes: [Type 1] Special Injury [Special Bodily Inflicting (Special Aggravation): Aggravation (excluding the area of recommendations and the scope of recommendations) serious injury (excluding the special serious injury types): Aggravation (excluding the area of recommendations and the scope of recommendations), one year to three years.

3. Determination of sentence: Imprisonment with prison labor for one year and eight months; and

4. The reason for sentencing committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of even though he had been in the period of suspension of execution due to a special injury crime, etc. as indicated in the judgment of the Defendant, and the victim’s objection to a dangerous article is not sufficient to commit the instant crime, and the victim suffered four-way injury, and the victim seems to have been in danger of a testamentary gift and a merger (see the written injury diagnosis) in light of the part and degree of the injury (see the written injury diagnosis), and the damage is not recovered without being agreed with the victim.