A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is living together with the victim B (53 years of age).

On October 31, 2018, the Defendant: (a) around 22:30 on October 31, 2018, at the Defendant’s dwelling room located in the Gyeongbuk-gun C, and (b) on the ground that the victim was under the influence of alcohol at night, and (c) caused damage to the Defendant’s plant, which is open within the river where approximately 20-day medical treatment is required by the victim, using the kitchen knife (total length: 30cm, knife length: 20cm) which is a dangerous thing in the kitchen.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs and diagnostic certificate;

1. Application of the existing Acts and subordinate statutes of one kitchen knife that has been seized;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, following the reason for sentencing under Article 48(1)1 of the Criminal Act, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case, including the circumstances after the crime.

D. Unfavorable circumstances: The instant crime has been committed one time with the kitchen knife, and the nature of the crime is not good in light of the method of crime, and the degree of injury is not easy.

The favorable circumstances: The defendant recognizes his mistake and repents, and still continues to live together by agreement with the victim, and there is no criminal power except a fine once on or around 202.