A defendant shall be punished by imprisonment for one year.

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

Criminal facts

피고인은 2018. 5. 9. 14:58 경 창원시 마산 회원구 B에 있는 편의점 앞 버스 정류장에서 선배로부터 자신을 비난하는 말을 듣자 이에 화가 나 위 편의점에서 위험한 물건인 공업용 커트 칼날을 구입하여 종이에 감 싸 소지하고 있던 중 마침 시내버스를 기다리고 있던 피해자 C( 남, 68세 )를 발견하고 피해자에게 다가가 아무런 이유 없이 위와 같이 종이에 감싼 커트 칼날을 피해자를 향해 휘둘러 피해자에게 약 2 주간 치료를 요하는 ‘ 귓바퀴의 열린 상처’ 등 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or C;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a medical certificate to C;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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

1. Article 44-2 (1) and Article 2-3 subparagraph 1 of the Act on the Observation, Treatment, Care, etc. of Medical Treatment, Protection, and Custody, and Article 44-2 (2) and the main sentence of Article 44-2 (3) of the Medical Treatment, Care, etc. Act;

1. The criminal intent of the crime in the judgment is very good in that the defendant, for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Code, has inflicted an injury on the victim of the site where he/she was born without any reason, on the part of an important face.

In addition, the defendant has been convicted of violence more than five times, including the previous convictions sentenced to imprisonment with prison labor, and the defendant has been convicted of a total of four times.

In addition, the defendant did not agree with the victim, and accordingly the victim is still trying to punish the defendant.

Therefore, it cannot be denied that the defendant requires strict punishment.

However, in that the result of the diagnosis of the injury suffered by the victim is two weeks, the degree of damage caused by the crime is judged.