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

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

Punishment of the crime

On February 18, 2017, the Defendant, at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government, around 05:13, inflicted injury on the victim E (41 tax) due to beder’s disease, which is a dangerous object on the table, and caused approximately four weeks of treatment on the right side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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 to mitigate small amount;

1. According to Article 62(1) of the Criminal Act of the suspended sentence, all the factors of sentencing, including the risk, degree of injury, agreed with the victim, criminal records (one time of the same kind of fine), the defendant's age, sexual conduct, environment, etc., with the reason of sentencing, shall be equally considered and determined as ordered by the sentence.

The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

According to the records, although the defendant can be acknowledged that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime of this case, and the defendant's speech and behavior before and after the crime of this case, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

Since the above argument cannot be accepted, it shall not be accepted.