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

The defendant is a person engaged in construction work at the construction site of Pyeongtaek-si B apartment, and the victim C (year 45) is a team leader working at the same construction site.

On December 24, 2018, the Defendant: (a) around 11:30, at the same construction site, committed an injury to the victim, such as “heat,” which requires treatment for the two weeks period of approximately two weeks, by putting the victim into his hand, and putting him sprinked three times on the safety cap used in his head; (b) making the victim sprinked in his hand; and (c) taking the body part of the victim; and (d) taking the victim’s body, the Defendant inflicted an injury on the victim, such as “heat without any heat in two parts of the body.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

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 applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment with prison labor, and two years of suspended sentence, the defendant used dangerous articles to inflict an injury, and the nature of the crime is not good.

However, the decision is made in comprehensive consideration of the fact that the degree of injury is not severe, the fact that there is an agreement with the victim, the age, character and conduct, environment of the defendant, circumstances leading to the crime, circumstances after the crime, etc.