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
On March 29, 2020, around 21:10 on March 29, 2020, the Defendant saw alcohol in the D restaurant where the victim C (the age of 30) in Dobong-gu Seoul (the age of 30) is working, and requested that the victim go to the restaurant because of the end of the business hours, and tried to look at the victim's face once, and went beyond the ground, thereby causing the victim to inflict an injury on the right 5 mallelet of the 5-day mar of the right part, which requires approximately 6 weeks of medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement;
1. Application of Acts and subordinate statutes of each injury diagnosis letter;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. As to the defense counsel’s assertion of Article 62-2 of the Probation Criminal Act, the defense counsel asserts that the defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime
However, according to the evidence duly adopted and examined by this court, the defendant is found to have suffered little alcohol at the time of committing the crime of this case, but it seems that the defendant lacks the ability to discern things or make decisions. Thus, the above argument is rejected.
The fact that there are many criminal records of the same kind of fine for the reason of sentencing, and the victim's injury is relatively heavy is disadvantageous.
On the other hand, due to the victim's addition and the defendant's completion of restaurant business, the victim is called the victim at the restaurant, and the defendant's shoulder caused the crime, thereby causing some of the victim's damages to the occurrence of the crime, not the conclusive intention, and the victim's injury caused by dolusent intention, not the conclusive intention, and the defendant's death is the crime of finding the victim, and it appears to be against the victim while committing the crime, and the agreement and deposit was not reached due to difference in opinions and refusal to provide personal information. However, the defendant's compensation was not made to the attorney.