1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Punishment of the crime

The Defendant, around 07:10 on February 5, 2017, at the main point of “E” that works as the victim D (son, 25 years of age) in Yongsan-gu Seoul Metropolitan Government as his employee, left kack nap (No. 1 and No. 9cm in length) that is a dangerous object to the victim on the ground that he was taking a tobacco as a smoking day, and left knap (prop. 1 and No. 9cm in length) as a dangerous object.

The term "the victim" and "the victim abused the victim by bating bat of the victim D."

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

4. As to the assertion by the Defendant, etc. under Article 48(1)1 of the Confiscation Criminal Act, the Defendant and the defense counsel asserted that the Defendant was in a state of mental and physical weakness due to depression, etc. at the time of committing the instant crime. As such, the records of the instant case are acknowledged to have received diagnosis and treatment from around May 2013 due to depression, etc., but the Defendant was in a state of lacking the ability to discern things or make decisions at the time of committing the instant crime.

As such, the above assertion by the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. Recommendation and sentence of the sentencing criteria: Where the degree of assault is minor, a person who is not subject to punishment in the area of special mitigation (two months to one year and two months) (special mitigation) of six types of assault crime (Habitual, repeated, and special assault).

1. Unfavorable circumstances: The crime of this case is inferior, such as the use of personal lethal weapons;

1. favorable circumstances: The defendant appears to reflect his attitude by recognizing mistake as a substitute; there is no criminal record subject to criminal punishment; and after the prosecution of this case, the prosecution of this case is instituted.