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

On November 13, 2019, the Defendant listened to the phrase “a person who is no longer in need of a company” from the victim D (Nam, 54 years of age) who is a company partner at the C restaurant located in Gyeyang-si B, Yangsan City, to the phrase “a person who retires from the company, is no longer in need of a company,” and made two instances of injury to the victim’s back head, who moves out of the restaurant, of a dangerous object on the customer’s location, to the small-scale ward, and caused the victim to suffer injury, such as an open body, etc. of the part of the number of days of treatment in which the head is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to internal investigation reports, traffic confirmation certificates, investigation reports (in-depth CCTV images attached), CCTV-caping photographs;

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 for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigation element] or considerable damage is recovered [the scope of the recommended sentence and the recommended sentence] mitigation area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] for six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the applicable sentencing guidelines under the law, because the lowest limit of the applicable sentencing range is inconsistent with the applicable sentencing range under the law, the applicable sentencing range shall be set according to the applicable sentencing range).

3. Determination of sentence shall be made as ordered in accordance with the sentencing guidelines, comprehensively taking into account all the circumstances shown in the records, such as the confession of the defendant to commit the instant crime, the fact that the victim does not want the punishment of the defendant, the fact that the defendant is the first offender, the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., within the scope of recommended sentence according