A defendant shall be punished by imprisonment for six 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 September 13, 2018, at around 00:25, the Defendant: (a) discovered the victim D(43 years of age) who had smoked from a vehicle owned by the upper home to incidental to the vehicle owned by the upper home, with a view to resisting the noise between the floors ( approximately 35 cm in total length, approximately 30 cm in length), which is a dangerous object of his own house, in order to make the noise between the floors, and discovered the body door of his house and displayed two times the face of the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. D's legal statement;

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

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. As to the Defendant’s assertion of Article 48(1)1 of the Confiscation Criminal Act, the Defendant alleged that the victim’s face had not been displayed by his/her custody. However, in light of the aforementioned evidence, the facts charged are fully found guilty.

Reasons for sentencing

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.

3. Determination of sentence: Imprisonment with prison labor for six months, and suspended execution for two years, the crime of this case is committed by the defendant without any special reason against the face of the victim, and it is not good that the crime is committed in light of the circumstances of the crime, the risk of the instrument of the crime, etc.

However, since it does not reach the price for the victim due to the negligence, it seems that the defendant's unstable mental state is likely to have affected the crime, and the defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime.