A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Records] On May 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Seoul Southern District Court, and the judgment became final and conclusive on August 12, 2013.

[2] On February 21, 2013, at around 20:40, the Defendant: (a) committed an injury, such as an open wound, which requires approximately two weeks of medical treatment to the victim, in a manner that threatens the victim as a dangerous thing used in his/her hand, without any justifiable reason, while under influence of alcohol in front of his/her dwelling gate; (b) he/she was drinking in a manner that threatens the victim to threaten him/her to undergo approximately two weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A report on seizure, on-site photograph and medical certificate;

1. Previous offense: Application of the Act and subordinate statutes of the Criminal Investigation Report (Evidence List No. 14);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The crime committed by carrying dangerous articles to consider equality with the case where the judgment was rendered simultaneously in the relation of concurrent crimes between the above final judgment and the above final judgment under Article 37 of the Criminal Act and the crime committed by the victim and the poor quality of such crime.