Defendant shall be punished by imprisonment for a term of one year and six months.

except that 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

At around 21:00 on January 28, 2019, the Defendant, while drinking alcohol with the victim D(34 years of age) and drinking alcohol in Guro-gu Seoul Metropolitan Government, proposed a proposal to continue drinking alcohol to the victim, but the victim refused it, followed the victim, and followed the victim, followed the victim, 6 times the victim's back to drinking water, and 1 face again as drinking again, and 1 times the victim's face as drinking again, and 2 times the part of the face of drinking alcohol to the victim to take a retaliation against the victim.

피고인은 2019. 1. 29. 00:10경 서울 구로구 E 원룸텔 4층 공용식당 주방 씽크대 칼 보관함에 있던 위험한 물건인 부엌 칼(총길이 31.5cm , 칼날길이 19cm )을 가지고 나와 피해자를 찾아 가던 중 3층 출입문 앞에서 피해자와 마주치자 그를 향해 중국어로 “넝승(너 죽이겠다)”이라고 소리를 치면서 위 부엌 칼을 들고 얼굴을 향해 내리쳤으나 피해자가 이를 팔로 쳐 피해자의 이마 부위를 칼 손잡이 부분으로 1회 내리쳐 피해자에게 치료일수 미상의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and dispatch site photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types]. There is no special injury [type 1] special injury [the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment], the basic area of imprisonment with labor for six months to two years [the scope of the recommended punishment corrected according to the applicable punishment], and the minimum limit of the sentence recommended in the sentencing guidelines for one year to two years are inconsistent with the minimum limit of the applicable punishment in law, so the applicable punishment is legally applicable.