A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2013. 2. 14. 14:55경 서울 중구 C경로당 앞에서 윷놀이를 하고 있던 피해자 D(79세)에게 무엇을 하냐고 물었으나 피해자가 윷을 들어 보이며 “훈수하지 말고 가라”고 한 것에 화가 나 지팡이로 피해자의 옆구리를 수회 때리고 입으로 피해자의 왼쪽 약지를 물어 피해자에게 약 5주간의 치료가 필요한 좌측 제4수지 절단의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

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

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. As to the Defendant’s assertion of the suspended sentence under Article 62(1) of the Criminal Act, at the time of judgment on the Defendant’s assertion, the Defendant alleged to the effect that the Defendant committed a harmful act to the victim to defend himself/herself in an unstable psychological state where many people go on one time and threaten him/her, and thus, the illegality should be avoided. As such, in light of the above evidence, the Defendant took a look at all the circumstances acknowledged according to the above evidence, and in particular, the Defendant had a little deal with the victim in communication because of the following reasons: (i) the Defendant, at the time of leaving in the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back

Considering that the situation where the people around or threatening the defendant did not put a threat against the defendant, ② the defendant put the victim into stick, which interfered with the defendant's shoulder and chest by the defendant's hand and interfered with it, and cut off the part under the hand saw the end of the victim's finger, the defendant's above harmful act cannot be deemed as an act to defend the present unfair infringement.