A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

In a state that the Defendant lacks the ability to discern things or make decisions due to the on-site illness, the Defendant, before the Young-gun Seoul apartment guard office around May 14, 2018, asked the victim D (73 tax) who was a security guard, to ask for the reasons why he had been involved in the apartment.

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As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open wound, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. Photographs;

1. The mental and physical weak condition as indicated in the judgment: In light of the investigation report (Attachment of the suspect A E hospital’s opinion, etc.), the background and content leading to the instant crime, the Defendant’s behavior before and after the instant crime, etc., it is recognized that the Defendant had a mental and physical weak condition due to the injury at the time of the instant crime.

Application of Statutes

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and treatment order under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Care, Care, Custody, etc. Act (a defendant needs to enforce continuous medical treatment of a person who has been deadly sick and has the risk of recommitting a crime);

1. The execution of imprisonment is suspended in light of the fact that an injured party on the grounds of sentencing under Article 48(1) of the Confiscation Criminal Act does not want the punishment of the accused, there is no previous conviction, and currently being hospitalized in a mental hospital and treating the injured party, but there is a need to enforce continuous medical treatment for mental illness, and there is a risk of recidivism.

As seen, it can be seen.