A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

At around 17:00 on December 22, 2014, the Defendant drinking alcohol together with the victim at the home of the Chinese friendly arrest victim D (27 years of age) in the Sinpo City, Sinpo City, Mapo-si, and the victim expressed the Defendant’s desire without any particular reason, while drinking the Defendant’s hair and face several times by drinking the Defendant’s hair and face, and the Defendant put a knife, which is a deadly weapon (No. 1, 16cm in total length, 6.5cm in knife length) holding a knife in the face of the Defendant’s head and face.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. A copy of an injury diagnosis letter;

1. Application of the Acts and subordinate statutes to deadly weapons, photographs and photographs of victims;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. The Defendant and his defense counsel’s assertion regarding the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act asserts that the Defendant suffered injury to the victim as described in the facts charged, due to fear, bad faith, entertainment, or confusion in the night or other extraordinary circumstances in order to escape from a discriminatory assault from the victim.

In light of the background leading up to the instant crime, the means, method, and consequence, etc. of the Defendant’s act, it cannot be deemed that the Defendant’s act constitutes a defense act exceeding the degree as a defense act or an act of defense exceeding the degree constitutes a case due to fear, criticism, entertainment, or confusion under the night or other extraordinary circumstances, and thus, the Defendant and the defense counsel’s assertion cannot be accepted.

Reasons for sentencing

1. Scope of recommendations: Type I (Special Bodily Injury resulting from Habitual Injury, Bodily Injury) of the same Article shall be applicable from June to June of one year and six months;