A defendant shall be punished by imprisonment for nine months.

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

Punishment of the crime

On May 28, 2020, the defendant c 'C' located in U.S. Dongdong-gu B, U.S. around 23:20, when drinking with the victim D ( South and North 43 years old) and drinking, and the victim's face was 1 time by using plastic ice, which is a dangerous article on his table, and the defendant's head was c son of the victim's head, and the victim's cocons were treated with the number of days of treatment.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. According to the evidence duly admitted as a copy of the medical record, it cannot be deemed that the Defendant’s act constitutes a legitimate defense or excessive defense, as a defense act conducted at the defense level, when the victim was in a dispute with another relative, and when the victim unilaterally used violence against the victim as stated in the criminal facts unilaterally committed by the Defendant, that the victim was injured by his nose, and that the victim did not engage in any act that may harm legal interests, such as the body of the Defendant.

Application of Statutes

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not sufficient to use violence against the victim through ice, which is a dangerous object of the defendant, and the fact that the victim suffered unexpected injury is disadvantageous to the defendant. On the other hand, the defendant did not have any other punishment except once the criminal records of 2003, and the fact that the victim does not want to be punished against the defendant is determined by the above punishment considering the circumstances favorable to the defendant.