A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Around 14:00 on August 31, 2015, the Defendant proposed that a mobile phone be opened by approaching the victim C (year 41) who lives in a old-age room in Yongsan-gu Seoul Metropolitan Government by allowing consent of 100,000 won on the face of opening a mobile phone. Although the Defendant intended to open a mobile phone after obtaining temporary resident registration certificate under the victim’s name, the Defendant was not able to open a mobile phone because the victim was bad credit standing.

피고인은 같은 날 19:30경 서울 중구 통일로 1에 있는 서울역 광장에서 위 피해자와 함께 술을 마시던 중, 피해자가 평소 알고 지내는 피해자 D(52세)을 발견하고 ‘휴대폰을 하나 만들어 달라’고 하였으나 피해자 D이 ‘지금이 어떤 세상인데 대포폰을 만들어 주냐’며 거절하자 화가 난다는 이유로 마시고 있던 소주병을 바닥에 내리쳐 깨뜨린 다음 피해자 D의 오른쪽 가슴을 1회 찌르고, 계속하여 피해자 C의 가슴과 등을 각 1회 찌른 후 발로 얼굴을 수회 걷어찼다.

As a result, the Defendant carried dangerous things and inflicted injury on the victim D, such as the injury of trauma and scarcity, which requires treatment for about six weeks, and injury on the victim C, such as chest and scarcity, where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Evidential photographs of each evidence;

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Type 1 (Habitual Injury, Bodi Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) shall be mitigated (one year and six months to two years) (special mitigation) for the reason of sentencing under Article 62(1) of the Criminal Act;