However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

At around 20:00 on February 9, 2020, the Defendant, while drinking alcohol together with daily operation at the “C” restaurant located in Ansan-si B, had the victim D (Nam, 22 years of age) who is a part-time student of the above restaurant receive an indoor cigarette stop from smoking out, and caused injury to the victim, such as the heart and heart of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim.

In this respect, the defendant carried with himself the neck, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Records of damage caused by internal investigation report in each E and D, criminal tools, photographs at the scene of crime, etc., and photographs of the victim’s injury;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines (determined of types) for a special injury, repeated crime [Class 1] for a special injury [Special Aggravation of Punishment] (Special Aggravation of Punishment: The mitigated element of punishment: serious injury [the scope of the recommended area and the recommended punishment] basic area, imprisonment for six months and two years [the scope of the recommended punishment as modified according to the applicable sentencing range] for one year and two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the minimum of the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Determination of sentence like the order, comprehensively taking into account one year of imprisonment, the factors of sentencing as follows: the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, previous convictions, etc. of the defendant;

Unfavorable sentencing factors: Correspond in favor of the victim who is a cafeteria student, which makes a legitimate request for non-smoking in non-smoking areas.