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

On June 16, 2014, at around 07:30, the Defendant was assaulted by the victim on the ground that the Defendant, at a singing room located in Suwon-gu B, Suwon-gu, Suwon-si, he did not perform his alcohol with the victim D while drinking together with the victim D, and the Defendant took part of the victim’s head one time.

In this way, the defendant, carrying dangerous articles, assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The Defendant alleged that he had a mental disorder under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, etc., the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of committing the instant crime.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [type of crime] - Types 6 of the assault crime committed by violent crime group - Special assault [Special Convict] mitigation element - Reduction element of punishment [the scope of the area and recommendation] - Reduction element of imprisonment in six months (the minimum of punishment in law) or one year and two months [the general person] aggravation element of imprisonment - Imposition of the same sentence [the decision of sentence] in the suspension of the execution of August 2, 198 - Social Service 80 hours in the suspension of the execution of imprisonment - the defendant recognized his mistake - the defendant committed the crime of this case in the course of drinking, and the defendant seems to have committed the crime of this case in the course of drinking, and on the other hand, sentenced the defendant to imprisonment.