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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 19, 2015, the Defendant: (a) around 00:50 on August 19, 2015, at the main point of “D” located in Namwon-si, Namwon-si; (b) on the lending of the victim E (36 taxes) and tobacco, the Defendant: (c) unloaded the beer World Cup, which is a dangerous thing for the victim; and (d) released the plastic back, which is a dangerous thing, caused injury to the victim, such as the number of days of treatment to the victim’s head.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the police against E or F;

1. Each police statement made with respect to G and H;

1. Application of internal investigation reports (related to the analysis of CCTVs in the instant case) and investigation reports (related to the examination of CCTVs in the D main points);

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62(1) of the Criminal Act of the suspended sentence (see, e.g., Supreme Court Decision 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 201))

In a specific case, whether certain goods constitute “hazardous goods” under Article 258-2(1) of the Criminal Act ought to be determined depending on whether the other party or a third party could cause harm to his/her life or body when using the goods in light of social norms (see, e.g., Supreme Court Decision 2010Do10256, Nov. 11, 2010). The following circumstances revealed by the evidence in the judgment, i.e.,: (a) the Defendant abused the victim by taking out plastics outside of plastics in the judgment, and caused injury to the extent that it is possible to clearly confirm the external appearance (the 14th page of the investigation record); and (b) the lower part of the goods used by the Defendant was made of plastic materials but made of a short material.