A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

On March 22, 2018, at around 13:20, the Defendant, at the end of 129-ro 1, the Jongno-gu Seoul Metropolitanro 129-ro, asked the victim B (the age of 77) to cover the bank left on the side by the Defendant, and put the head and the body part of the victim's left-hand head and the body part, which are dangerous things being examined by the victim, by cutting the stick (the length of 100cm) into the victim's left-hand head and the body part which were dangerous things being examined, and put the victim two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of B and C;

3. On-site photographs.

4. The statement of opinion (the defendant asserts that the defendant's act constitutes self-defense against the victim's assault, but in light of all the circumstances such as the course of the crime and the method and degree of the use of the defendant's act, it is difficult to view that the defendant's act constitutes self-defense to defend the victim's improper attack. Accordingly, the defendant's above assertion is rejected) and the law is applicable.

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

2. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case is based on the value of the head of an elderly victim as a stick, which is a dangerous object, and the risk thereof is heavy.

However, considering the fact that the defendant is being treated as a mental problem and the mental problem of such defendant seems to be a cause for the crime of this case, the punishment as ordered shall be determined by taking into account the details of the crime of this case and the circumstances after the crime of this case, the criminal records, age, character and conduct, environment, etc.