Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On December 10, 2014, around 21:10 on December 21, 2014, the Defendant put the victim D(20 years of age) in Seoul Special Metropolitan City, Nowon-gu, to a vision with the victim on the ground that the Defendant was under the influence of alcohol in front of the E burial where the Defendant was working.

The Defendant, by hand, pushed the victim with breath, led him with breath, took the face of the victim with breath by using breath, and continued the victim's body by hand and breath.

As a result, the defendant puts the victim into a closed frame of the bones that needs to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including the contents written in D)

1. Nos. 1 and 2 times a police interrogation protocol regarding D;

1. Statement of the F witness;

1. A statement of opinion attached to the petition (No. 16 No. 5 of the evidence list);

1. On-site photographs;

1. A suspect A photograph;

1. Photographs of the suspect D;

1. Investigation report (person G with case reporter G) and telephone communications;

1. Investigation report (12 reporters H and telephone communications);

1. Application of Acts and subordinate statutes to investigation reports (12 reporters’ hearing of statements), recording records (No. 30, 31 of the evidence list);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and defense counsel asserted that the Defendant was in a state of mental disorder by drinking while committing the instant crime. In light of all circumstances, such as the background and method of the crime acknowledged by the evidence and the act of the Defendant at the time of committing the instant crime, the Defendant and defense counsel did not have the ability to discern things or make decisions by drinking alcohol at the time of the instant crime, and thus, the above assertion by the Defendant and defense counsel cannot be accepted.

Reasons for sentencing

1. The scope of punishment by law: a fine; and