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 became final and conclusive.

Punishment of the crime

On July 22, 2018, the Defendant, at around 23:50 on July 22, 2018, hereinafter “C main point” in Kimhae-si B, had the victim undergo an assault, such as drinking alcohol, hearing the victim D (66 years of age) and the victim’s talking that he would kill and throw away flab from the victim’s flab, etc., against this defense, and caused the victim to have the head of the victim who is a dangerous object at the same time and to tear down.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigation report (Attachment of a letter of commission of suspect D appraiser);

1. Application of Acts and subordinate statutes concerning damaged parts and field photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions as set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., of the following circumstances, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing guidelines (the range of the recommended sentence [the category 1 (special injury): 4 months - 1 year) of the repeated crime of special injury] shall be set as the sentence as set forth in the order.

The favorable circumstances: The defendant did not have a criminal record subject to punishment as a crime of the same kind; the confession and the mistake are divided; the defendant appears to have committed the crime of this case by contingency; and the defendant agreed smoothly with the victim: The crime of this case is not suitable in light of the risk of the method of crime.