A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 April 24, 2019, around 23:29, the Defendant: (a) at the main point of “C” located in Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) on the ground that the victim D (39 years of age) did not have personnel to report the Defendant prior to the towing, and (c) caused injury to the victim, such as the head of the victim’s other parts that require approximately two weeks of treatment, and the open head of the other parts of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

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

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. The sentencing criteria [Determination of Types] 6 months to 1 year (the scope of recommendations modified according to the sentencing guidelines] of imprisonment for six months (the lowest limit of the applicable sentencing guidelines is applicable because the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing guidelines) in cases of special injury, repeated crime [the category 1] special injury [the mitigated person] mitigation element of punishment (including serious efforts to recover damage) or considerable damage (including the area of recommendation and the scope of recommended punishment), mitigation range of punishment, four months to one year (the scope of recommendation corrected according to the applicable sentencing guidelines];

2. Determination of a sentence of punishment, in danger of the form of the act of making the head of the victim worse due to the beer disease, and the degree of injury shall not be minor;

The defendant has been punished several times including imprisonment with prison labor for violent crimes.

However, the defendant seems to have committed a contingent crime by misunderstanding that he/she was under the influence of alcohol.

Although the defendant was suffering from the victim, the defendant was not responsible for the victim by recognizing the commencement of the fighting.

The victim shall be paid 4.5 million won to the victim and shall not be punished by the defendant.

The defendant is against himself while making a confession of crime.