A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

At around 02:40 on August 9, 2014, the Defendant: (a) had a dispute over the victim’s daily behaviors and age while drinking together with the victim’s D (year 42) and the victim’s daily behaviors; (b) however, the victim was suffering from an empty small-scale disease, which is an object dangerous to the victim’s hand who did not see the Defendant’s convenience; (c) had the head of the victim two times due to the said small-scale disease.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. It is so decided as per Disposition, in light of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) includes the fact that the defendant has been subject to punishment several times for the same kind of crime; (b) the victim does not want the punishment of the defendant; and (c) the victim has been sentenced to a fine of 50,000 won on June 10, 2008, after being sentenced to a fine of 500,000 won, there is no record of punishment.