A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 27, 2014, around 01:50 on September 27, 2014, the Defendant: (a) committed a dispute with the victim E living in the 2nd floor corridor located in Gwanak-gu, Seoul Special Metropolitan City, on the ground that the victim E has drinking alcohol and has sleeped to drinking alcohol with the victim; (b) caused the victim’s face several times with drinking candle and drinking, and used the victim’s neck with excessive hand, which is an article dangerous to the Defendant’s room, and used the victim’s knive hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused and E;

1. Suspect Ethmpiic photo;

1. Each investigation report (on-site search and CCTV investigations; reporting on the analysis of CCTV images of a Gosiwon);

1. Article 3 (1) and Article 3 (1) 2 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that the crime of assault is heavier in light of the following: (a) the mitigated area (4 months of imprisonment or 1 year and 2 months of imprisonment) (special mitigation) [the victim] where the victim is fully responsible for the occurrence of crime or the expansion of damage (a decision of sentencing] (a decision of sentence] dangerous object; and (b) the defendant has committed violence-related criminal records including suspended sentence, and multiple times of criminal records related to violence.

However, the crime of this case is deemed to have a considerable responsibility for the occurrence of the crime even to the victim by avoiding disturbance, such as the victim's walking in a public announcement room where the victim is under the influence of alcohol, and the defendant takes a bath in the process of resisting the disturbance, and thus, the defendant is also liable for the occurrence of the crime. The defendant has agreed with the victim, and the defendant has no criminal record and suspended execution.