A defendant shall be punished by imprisonment for not more than ten 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

At around 17:30 on February 14, 2019, the Defendant, while drinking alcohol together with the victim D(37 years of age) who was aware of his/her usual knowledge in the Defendant’s residence located in Seocheon-si B Building C, was frighted to the victim’s phrase, “The victim was frightened and well-known to his/her father.” The Defendant assaulted on three occasions the victim’s left side with drinking, and boomed his/her head into a dangerous object, boomed the victim’s head on three occasions, taken several occasions, followed the victim’s head, taken several times, and knife knife (the total length, 29cm, 17.5cm in length, 17.5cm in knife) which is a dangerous object in the kitchen, and threatened the victim’s face, the victim knife part cannot be identified as his/her knife by hand.

Accordingly, the Defendant, carrying with himself a brub and knife, which is a dangerous thing, inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Application of statutes on site and victim photographs;

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 for discretionary mitigation;

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

1. Probation or order to attend a lecture, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act;

1. In full view of the following: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act is not good; and (b) the fact that the Defendant was subject to criminal punishment for the same kind of crime is disadvantageous to the Defendant; (c) the fact that the Defendant was aware of and reflects his mistake; (d) the Defendant was smoothly agreed with the victim; (e) the victim’s dependence on alcohol that the Defendant suffered was likely to have an impact on the instant crime; and (e) the Defendant appears to have an intention for treatment, the probation and the order to attend lectures are imposed rather than the sentence imposed on the Defendant for the edification of the Defendant.