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 became final and conclusive.

Punishment of the crime

The defendant and the victim C(the age of 47) are friendly.

At around 02:00 on November 19, 2014, the Defendant, while drinking alcohol, as the victim, in EMoel 306, in Daegu Dong-gu, Daegu Dong-gu, 2014, he saw the victim as an empty bottle, who is a dangerous object on the ground that the victim was bad by drinking the horse, and was at the end of this part of the victim.

In this respect, the defendant carried a dangerous object, and assaulted the victim by carrying an empty disease.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the classical photo;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] [the grounds for the suspended sentence] that there is no basic area (6 to 10 months) (6 to 10 months) of the crimes of assault (special violence) [the decision of sentencing] [the decision of sentencing] that the defendant assaultss the victim with dangerous articles, did not reach an agreement with the victim, and there are many criminal records of the same kind.

However, the defendant's mistake is divided while committing the crime in this case, he has committed a contingent crime while drinking with the victim who has sexual intercourse with the victim, and the victim expresses his intention that he does not want the severe punishment (see, e.g., the Investigation Records 22), and other sentencing conditions, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence, etc., shall be determined as ordered by the order, taking into account all the sentencing conditions.