A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 21:30 on February 17, 2015, the Defendant suffered injury, such as a knife, the left-hand side of the victim D (the age of 58) in Yangcheon-gu Seoul Metropolitan Government, where the Defendant was under the influence of alcohol, to listen to the victim’s horse that “I am ma from the victim without the consent of the victim,” which is a dangerous object that had been put in the clothes in advance, and the victim’s knife (the total length 23 cm, 10 cm in the daily length) was knife, and the victim was knife on the left-hand side of the victim’s body where the number of days of treatment can not be known, and the Defendant inflicted an injury, such as a fnifebbbbbing, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

1. The Defendant asserts to the effect that he was in a mental and physical state under the influence of alcohol at the time of the instant crime. According to the evidence duly admitted and investigated, although the Defendant was in a certain state of drinking, the Defendant did not have the ability to discern things or make decisions due to the fact that he did not have the ability to discern things.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommendations: Two to four years in the basic field of violence (special injury) category 1; and

2. Special amnestys: Reduction due to grounds for mitigation: From one year and six months to two years and six months;

3. Determination of sentence: Although the defendant had been sentenced to a fine several times due to a crime related to violence before the instant case, he/she used the provisional order, which is a thing dangerous to the end of the minor time in this case.