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

At around 22:20 on January 28, 2015, the Defendant: (a) stated that the victim D (the age of 16) was “E” around May 2014 at the front parking lot of Goyang-si C apartment complex 5, Goyang-si, Goyang-si, on the ground that the victim D (the age of 16) was not the Defendant around May 2014; (b) stated that the Defendant was able to boom the victim’s timber at one sale; and (c) that the Defendant was able to boom the victim’s timber (the length of 11 cm, the total length of 21 cm), and that the Defendant was ske the victim’s neck with both the victim’s resistance and the Defendant’s hand.

Accordingly, the defendant carried a dangerous article in excess of the victim's right to use it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of excessive photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., grounds for a suspended sentence below);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that the defendant repents his mistake, that there is no criminal record, that does not reach an injury by the actual use of excessive charges, that he deposits one million won for the victim);

1. Social service order under Article 62-2 of the Criminal Act;