A defendant shall be punished by imprisonment for six 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

피고인은 2016. 6. 18. 19:30 경 경북 의성군 B에 있는 피고인의 집 마당에서 술에 취해 쓰러져 있다가 피해 자인 삼촌 C(82 세) 이 발로 어깨를 치며 잠을 깨웠다는 이유로, 같은 날 20:30 경 부엌에 있던 위험한 물건인 부엌칼( 총 길이 30cm , 칼날 길이 20cm ) 을 들고 경북 의성군 D에 있는 피해자 집에 찾아가, 위 부엌칼을 들고 칼등 부분과 손바닥으로 피해자의 좌측 얼굴 부위를 2~3 회 내리쳐 피해자에게 약 2 주간의 치료가 필요한 좌측 안면부 7cm 열상, 안면 부 으깸 손 상 등을 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Each photograph attached to a report on internal investigation (in relation to photographs);

1. Application of Acts and subordinate statutes to medical certificates attached to investigation reports (related to victim C injury);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is not the case where the crime of this case is committed in such a way that the defendant inflicts bodily injury on the injured party who is his age, using the blades, etc. of kitchen knife, which is a dangerous article.

However, since the defendant agreed with the victim and did not want the punishment of the defendant, there is no criminal record of the defendant, the degree of the victim's injury is not significant, the defendant's age, sex, environment, motive, circumstances, means, methods and results of the crime of this case, and all the sentencing conditions shown in the records of this case and the theory of changes, such as the circumstances before and after the crime, shall be determined as the sentence as ordered by considering the whole.