A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 May 9, 2014, at around 04:20, the Defendant entered his house located in FF and 301 in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and found out that the victim G (21 years of age) was in a bed, without permission, and caused the victim's face and bridge part 10 times by gathering the camping net, which is a dangerous object in bed by the bed against the bed, and caused the victim's injury, such as taking the right-side one-time care for about 9 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A written diagnosis of injury;

1. Photographs of victims G damaged by the victim and photo of the camping nets used for committing a crime;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 33, 58 pages);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant and his defense counsel asserts that the camping net of this case does not constitute a dangerous object in determining whether the goods are dangerous under Article 62(1) of the Criminal Act suspended execution.

Whether a certain thing constitutes “hazardous thing” under Article 3(1) of the Punishment of Violences, etc. Act shall be determined based on whether the other party or a third party could feel a danger to life or body when using the thing in light of social norms in a specific case.

(see, e.g., Supreme Court Decision 2010Do10256, Nov. 11, 2010). According to the above evidence, the camping net of this case was ordinarily used in a camping field with a view to the degree of harm to life or body if used by a person when considering the quality of materials, size, thickness, and the extent of cutting off, etc., and the Defendant displayed the above camping field with a view to 10 times for the victim.