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

피고인은 2019. 12. 4. 10:00경 서울 양천구 C주택 D호에서 피해자 E(여, 45세) 등 지인들과 함께 술을 마시던 중, ‘언니 나 힘세’라고 말하며 피해자의 손을 잡아 꺽은 일로 피해자와 시비를 벌이다가, 주방에서 위험한 물건인 식칼(칼날길이 22cm)을 들고 와 피해자의 우측 등 부위를 1회 찔러, 치료일수 미상의 자상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant’s crime of this case, on the grounds of sentencing of Articles 32(1)3 and 32(2), and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation, was committed with a knife, which is a dangerous article, and thus, was committed with an injury to the victim, and the Defendant was a bad and not agreed with the victim.

However, under the circumstances that are favorable to the defendant, the facts that the defendant recognized all of the crimes of this case, and reflects the fact that the defendant drinks with the victim and seems to result in this case by drinking alcohol with the victim, the victim who understood such circumstances stated that the investigative agency does not want criminal punishment against the defendant, the victim's injury seems not to be excessive, and the fact that there is no record of punishment exceeding the fine, etc. are considered.

Other circumstances that serve as the conditions for sentencing specified in the instant pleadings and records, such as the age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime.