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 becomes final and conclusive.

Punishment of the crime

On August 21, 2014, around 23:00, the Defendant had been suffering from beer's disease while drinking alcohol together with the victim E (the age of 19, the remaining).

In this way, the defendant, carrying dangerous articles, assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The Defendant alleged to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of committing the instant crime.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act - Types 6 of the assault crime committed by violent crime group - Special Violence [the territory and the scope of recommendations] basic area - the elements for mitigation of imprisonment from six months to ten months [the general person] of imprisonment - None of criminal punishment [the decision of a sentence] - 2 years of suspended sentence in August 8, 200] - The above sentencing factors and the defendant recognize their mistake - The above sentencing factors and the defendant do not have any specific effort to recover from damage, but they do not make any particular effort to recover from damage.