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

At around 23:50 on December 20, 2018, the Defendant: (a) while drinking the victim D(52 years of age) and drinking alcohol at C main points located in Sanyang-si B, Annyang-si, Annyang-si, the Defendant: (b) told the victim “hing the breath,” and (c) caused the victim’s “hinginging of the breath,” on the ground that the victim “hinging of the breath” means “hing of the breath,” and (d) caused a beer’s disease, which is a dangerous object on the breath, to undergo treatment for about 14 days for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation (shot photographs of the damaged body);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning field photographs and photographs of damaged parts;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed as follows)

1. 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 [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law); and

2. Circumstances unfavorable to the determination of sentence: The defendant's head is a beer disease, which is a dangerous thing, and thus the victim suffers bodily injury, thus his/her responsibility is not weak;

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The injured does not want the punishment of the accused.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.