A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On July 26, 2019, the Defendant: (a) around 01:40 on the cargo vehicle owned by the victim C (the age of 56) who was parked on the front road B in Yeongdeungpo-gun, Gangwon-gun, the Defendant: (b) opened a front door of the foregoing cargo vehicle and got off a dangerous object; and (c) damaged the victim’s character that requires approximately two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes, such as eight photographs of the scene and damaged parts of the victim, and a medical certificate;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The Defendant sentenced the sentence, who is a dangerous object, injured the victim by any knife.

In light of the contents and methods of crime, the liability for the crime is not easy.

Defendant has been punished four times, including suspension of execution for violent crimes.

However, considering the favorable circumstances, such as the fact that the defendant is recognized to commit a crime and the fact that the defendant received a letter by mutual consent with the victim who is one of his/her friendship, the defendant's age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime are committed.