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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On August 30, 2015, at the defendant's house located in Daejeon Dong-gu, Daejeon, around 07:00, the defendant made a dispute with the victim C at his own expense while drinking together with his 48 years of age, and had the victim's face at one time due to a small-scale illness, which is a dangerous thing that had been living there.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to internal investigation reports, field photographs, and photographs of the upper part of C;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation ] : Violence crime Type VI (Habitual Cumulative Assault, Habitual Assault. Special Violence) (Special Mitigation : Imprisonment with prison labor for a period from April to January 1): In a case where no penalty is imposed (including a serious effort to recover damage), or considerable damage has been recovered (decision of sentence]: In light of the attitude of the instant crime and the risk of the instrumentale, etc., the nature of the relevant crime is not easy, and the fact that the Defendant has a history of criminal punishment, such as multiple sentence, by the same kind of crime, is disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case and is against the defendant, that the defendant agreed with the victim smoothly, and that the crime of this case can be seen as having been committed in a drunken and contingent manner.

In this context, the following factors are comprehensively taken into account the details and motive of the instant crime, circumstances after the instant crime was committed, Defendant’s age, character and conduct, family relationship, occupation, etc., and the sentencing criteria of the Supreme Court Sentencing Committee are determined by taking into account the recommended sentence according to the sentencing guidelines