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

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

Punishment of the crime

On May 1, 2019, at around 23:00, the Defendant, while drunk in the "C" room in Gwangju Northern-gu, Gwangju, brought an injury to the victim D (the age of 54) of the person concerned, by taking a bath, and by taking a smelling the odor of dangerous articles on gas sirens, the Defendant was faced on the victim's face part of the victim's face, and caused the victim to escape from the math where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance against the defendant, such as the following: (a) the Defendant was faced with odor materials, which are dangerous objects in gas sirens, on the victim’s face; (b) the risk of the act is high to the degree of danger to the victim’s life; and (c) the Defendant was punished several times including suspended sentence of imprisonment for violent crimes.

However, considering favorable circumstances, such as the fact that the defendant repents and reflects the defendant's mistake, the fact that the defendant agreed smoothly with the victim, etc., the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions as shown in the records and arguments of this case, such as