A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

At around 22:40 on October 24, 2016, the Defendant listened to the desire of the injured party E (59 years of age) and drinking alcohol from the injured party while drinking alcohol at the D main shop located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, 2016, and went beyond the injured party by taking once the injured party's knife part into drinking, and caused the injured party by taking one-time part of the chest part of the victim's chest part of the spawn, which requires six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A prosecutorial statement of the defendant;

1. A written diagnosis of injury;

1. The application of Acts and subordinate statutes to each investigation report (i.e., photographs of damaged parts);

1. Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime in question;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Sentencing Criteria] [Scope of Recommendation] / [In the case where the victim is fully responsible for the occurrence of a crime or the expansion of damage to the victim, six months of imprisonment with prison labor, two years of suspended execution (the fact that the method of crime is not good, the fact that the damage is serious, and the recovery of damage is proper] and the general injury area (two months to one year).

It is difficult to see that the Defendant committed the instant crime as an unfavorable factor in sentencing, even though he/she was punished several times due to the same kind of violence crimes, and even if he/she was punished, the Defendant committed the instant crime.

However, it shall be considered as a favorable sentencing factor in terms of the fact that the victim has induced the crime, the burden of part of the medical expenses, the absence of criminal records, and the reflective fact.

In addition, the defendant's age, sexual conduct, motive, means and result of the crime, the circumstances before and after the crime of this case, etc. shall be determined as ordered in consideration of all the sentencing conditions under Article 51 of the Criminal Act.