A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to a division mental disease.

around 15:20 on October 17, 2016, the Defendant sent the face of the victim to plastic chairs, which is a dangerous object in front of the convenience point, on the ground that the victim E (59 years) who was aware of usual knowledge does not lend money in front of the convenience point, and put about about two weeks of medical treatment to the victim when taking the face of the victim by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument and the defense counsel asserts to the effect that the crime of this case constitutes a simple bodily injury, not a special injury, since the plastic will used by the defendant at the time of committing the crime of this case does not constitute a "hazardous article".

2. The term “hazardous object” refers to any object that can be widely used to inflict harm on human life and body even if it is not a deadly weapon. As such, not only an object created for the purpose of killing and destroying a human body but also an object created for any other purpose shall be deemed “hazardous object” if it is used to inflict harm on human life and body (see, e.g., Supreme Court Decision 2002Do2812, Sept. 6, 2002). In a specific case, whether it constitutes a dangerous object ought to be determined depending on whether the use of the object could cause harm to human body by the other party or a third party, in light of social norms.

In light of the above legal principles, we examine the instant case.