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 April 7, 2018, at the main point of "C" located in Yongsan-gu Seoul Metropolitan Government on April 02:30, 2018, the Defendant inflicted an injury on the victim, by making the ice through (1,700CC), which is a dangerous object, while drinking and drinking alcohol such as the victim D (Influence, 29 years of age), and without any justifiable reason, had the ice flaced so that the victim was faced with the victim, and caused an injury to the victim, such as an open upper part, over two weeks below the threshold.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. As to the assertion of Article 62(1) of the Criminal Act of the suspended execution, the defendant and his defense counsel did not constitute “hazardous goods” by cutting ice plastic scams.

The argument is asserted.

Whether certain goods constitute “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act ought to be determined by whether the other party or a third party could feel any danger to life or body when using the goods in light of social common sense (see Supreme Court Decision 2007Do3520, Mar. 26, 2009, etc.). According to the aforementioned evidence, the head of the subject matter at issue was in the state of acquiring the drinking water at the time with the capacity of 1,700cc., the Defendant was facing the victim about 2 meters of the above soed, and the victim may be recognized the fact that the victim suffered open weight of about 1-2cm on the part of the bar and the part of the bar, consistent with the above so reported, the victim’s life or body might be sufficiently considered when using the victim’s life or body, and the degree of the other party’s life or body might be sufficiently considered, and if the victim knew from the above recognized facts, the victim could be able to suffer the above danger.