상해
A defendant shall be punished by imprisonment for six 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
【Criminal Power】 On January 29, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution by the Daegu District Court for violating the Game Industry Promotion Act, etc., and the judgment became final and conclusive on February 6, 2015.
【Criminal Facts” around 23:00 on April 30, 2014, the Defendant: (a) was able to escape from the victim E (the age of 35) who is a customer, while she was singing to talk with a singing room and a view, and (b) went beyond one time as a drink of the victim’s face; (c) was sing back to the victim’s face on the victim’s body one time as a drink; and (d) was sing back to the victim’s face on about 3:4 occasions, the Defendant sustained the victim’s injury, such as cutting down the right singing down, which requires treatment for about 6 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. A medical certificate of injury and an examination and treatment fee for victims E;
1. Photographs explanation;
1. Investigation Report - Telephone conversations with victim E (the content of the direction of inspection), investigation report - Attachment of images of the upper part of suspect E, and statement E, investigation report (as to attachment of a copy of the E diagnosis sheet);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to criminal records);
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The defendant and his defense counsel asserted that Article 62(1) of the Criminal Act on the suspended sentence (see, e.g., circumstances favorable to the defendant among the reasons for sentencing) and his defense counsel had been in a state of mental disorder by being drunk at the time of the instant crime.
Defendant’s partial statement
According to the facts, although the Defendant may be found to have been under the influence of alcohol at the time of committing the instant crime, it is insufficient to deem that the Defendant, under the influence of alcohol, has reached a state of lacking the ability to discern things or make decisions.