A defendant shall be punished by imprisonment for one year.

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

On June 4, 2019, around 17:38, the Defendant found the victim C (67 cm) in the vicinity of the defendant's house located in the Namyang-gun B, Namyang-gun, and brought two gates (50cm in length, 2 kg in weight) which are dangerous objects of chemicalization (2 km in length, 50cm, 2kg in weight) to the defendant's house, and caused the victim's injury, such as two open gates requiring approximately three weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 62-2 of the Criminal Act on the observation of protection and observation

1. Inasmuch as the alleged defendant has a disability of “a lack of alcohol dependence,” the Defendant had weak ability to discern things or make decisions at the time of committing the instant crime.

2. Based on the evidence examined above, the Defendant had the ability to discern things or make decisions at the time of committing the instant crime in light of the following: (a) the background leading up to the instant crime; (b) the means and method of committing the instant crime; (c) the Defendant’s act before and after the instant crime; and (d)

Therefore, it cannot be seen that we do not accept it (the Criminal Act amended by Act No. 15982, Dec. 18, 2018; Act No. 15982, Dec. 18, 2018; hereinafter referred to as the "Act")

As such, there is a mental and physical weakness (Article 10(2)).

Even if it may not be mitigated, which is only an element of sentencing. The reason for sentencing is the reason therefor.

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the type of violent crimes]. Special injury to a special victim or a repeated crime (the type of No. 1) is special injury.