A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant resided in the second floor of the Busan BG building, and the victim D(58) resides in the third floor of the same building. The victim thought that oil was laid under the boiler room of the defendant, and the owner of the house showed that oil was laid down under the oil tank in the boiler room of the defendant, and the owner of the house gets deducted from the other vacant houses of the second floor of the defendant's house.

On January 26, 2018, at around 11:40 on the second floor of the above building, the Defendant: (a) reported that the victim was deducted from oil by using strings and horses in the boiler room of the Defendant; (b) misunderstanding that the victim was stolen of oil; (c) thereby breaking the oil in the horse through the victim’s face while the victim was in a dispute with the victim, and assaulted by the victim, i.e., cutting off the oil into the victim’s face, i., e., e., g., a dangerous object, and flicking the flaps of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of recommendations - Types 6 (Habitual, Cumulative Offense, Special Violence) and mitigation area (from April to February) - Persons subject to special mitigation: Non-members of punishment;

2. In light of the content of the instant crime in which the sentence was determined, a sentence of imprisonment shall be selected in consideration of the fact that the instant crime was highly dangerous and that the victim would have been highly shocked.

However, the fact that the injured person does not want the punishment of the accused and that the accused has been involved in contingently due to misunderstandings shall be considered in favor of the accused.

In addition, it is decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.