A defendant shall be punished by imprisonment for one year.

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

Defendant and Victim B (B and 24) were foreigners of Thailand’s nationality in the same room of the “D” dormitory located in Gyeongbuk-gun E located in Gyeongbuk-gun.

피고인은 2019. 4. 12. 22:45경 위 기숙사에서 잠을 자기 위해 불을 껐으나 피해자가 게임을 하면서 시끄럽게 한다는 이유로 피해자와 시비가 되어 왼손으로 피해자의 멱살을 잡았다.

Accordingly, the victim suffered injury to the victim's left chest part of the victim's knife, which is a deadly weapon (16cm in total length, 7cm in knife length) on the back of the victim's knife by drinking the defendant's face, once, such as an open upper part of the knife, which requires approximately four weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, F, and G (including the H part of the statement);

1. Investigation report (the part of the victim's injury, and the part of the victim's injury in the course of committing the crime);

1. Records of seizure and the list of seizure;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code of Confiscation has been that the defendant, knife, has inflicted a bodily injury on the part of the victim's chest, which requires four weeks' treatment, and the nature of the crime is bad.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession and mistake, the victim did not want the punishment in agreement with the victim, the fact that there was no record of criminal punishment in Korea, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case, including the circumstances after the crime.