A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

At around 14:00 on June 24, 2015, the Defendant, at the entrance of the temporary section storage in the 1st floor of the building C in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, the Defendant: (a) discovered that the victim D (Nam, 58 years of age) who was aware of usual knowledge, stolen the Defendant’s marina parts; and (b) followed the suspicion, the Defendant was scambling the victim’s head and scam, which is an industrial gas burner (42 meters in length, approximately 20cm in width) dangerous object in the surrounding area; (c) calculated the victim’s shoulder part with a net (30cm in length) which is a dangerous object; and (d) brought about the victim’s finger to the victim’s finger to check whether the victim died or not; and (d) assaulted the victim, and inflicted the victim and inflicted an injury on the victim for about 2 weeks in order to treat the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on each photograph, diagnosis certificate (D), each investigation report (including attached documents), medical records, copies of medical records, records of seizure, and records of seizure;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : (a) the basic area (including a person who is subject to special mitigation) of Category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the basic area (including a person who has been subject to special mitigation), or where considerable damage has been restored to the original area (including a serious effort to recover damage) / [Determination of sentence] the Act on the Acceptance of Criminal Crimes / [Determination of Sentence] the Defendant inflicted an injury on the part of an industrial gas burner or a net, etc., which is a dangerous object, using the relevant criminal liability.

However, the fact that the defendant has led to the confession of the crime, and the victim does not want the punishment against the defendant.