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.

Criminal facts

The defendant is a customer who is often in the main point of the trade "D" operated by the victim C (V, the age of 55).

On November 26, 2017, at the main point of "D above the 23:45, Kimhae-si E, 1st floor, the Defendant told that the victim would not come with another male, while drinking together with the victim, and the horses were expressed as "the victim suffering from the damage" on the ground that the Defendant expressed the desire to "the victim suffering from the damage."

As a result, the Defendant collected Macju’s World Cup, which is a dangerous thing as above, and then sold the victim’s back water, thereby causing injury to the victim, such as an open 2 feet, requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a medical certificate of injury on the 35th page);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence to the above favorable circumstances) of the suspended sentence is that the defendant was the first offender, and his mistake has been repented and reflected in depth, and is favorable to the defendant.

On the other hand, the fact that the defendant did not agree with the victim until now is disadvantageous to the defendant.

In addition, the Supreme Court has set the sentencing criteria of the sentencing committee in full view of the various conditions of sentencing as shown in the records and arguments, such as the motive, means and result of the instant crime, the circumstances after the crime was committed, the defendant's age, sexual conduct, intelligence and environment, etc.