A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From December 2, 2015, the Defendant living together with the victim C (43 tax) and a person in a de facto marital relationship D, living together with the victim C (43 tax), and the Defendant, around 16:35 on May 12, 2017, was living together with the kitchen in the same residential area, and the Defendant was living together with the victim, and the victim was living together with the same at the same time on May 16:35, 2017. However, on the ground that the victim neglected it and continued to engage in the game, the Defendant saw that the victim was able to see the victim’s sound, which is a dangerous object in the kitchen of the kitchen, the victim’s head and 14-day treatment between approximately two days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report and each defense counsel on the defendant's argument that the defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

According to the records, although the defendant can be acknowledged that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime of this case, and the defendant's speech and behavior before and after the crime of this case, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

Therefore, the above argument cannot be accepted.

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. According to Article 62(1) of the Criminal Act, for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, all the factors of sentencing, including the risk of having the attitude of committing the act of the defendant, the degree of injury, the fact that the victim does not want the punishment, the primary crime, the age and health conditions of the defendant, etc