A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On May 11, 2016, the Defendant: (a) around 21:50, the victim, while drinking alcohol with the victim E (51 arche) at D restaurant located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, on the ground that the injured person would inflict an examination on the Defendant’s punishment; (b) the beer disease, which is a dangerous object, has the victim cut the upper part of the table of the seat front of the seat where the victim is seated, and caused the victim to protruding the front part of the victim’s face, thereby causing the victim to suffer from the brue, gry, and glading around the snow that require a medical treatment for about one week; and (c) continuously breaking the beer’s disease into the table, leading the damaged person to the outside of the main body, leading the victim to the beer, and then throw the beer part of the beer’s knick, and then the victim’s knishing part of the beer’s face.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E, witness F and G respective legal statements;

1. A protocol concerning the examination of the police officers of the accused;

1. Police statements made to E and F;

1. A written diagnosis of injury;

1. The part stating “an injury diagnosis document” in the on-site and victim photographic evidence list is deemed to be a clerical error.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 262, 261, 260 (1), 258-2 (1) (a) and 284, and 283 (1) (a special intimidation and choice of imprisonment with prison labor) of the Criminal Act concerning the crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with severe special assault and bodily injury);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Summary of the assertion

가. 피고인이 공소사실 기재와 같이 맥주병을 피해자 앞에 있던 테이블 위에 내리쳐 깨진 맥주병 파편을 피해자에게 튀게 한 것이 아니라, 맥주 컵을 피고인의 왼쪽 벽에 던졌는데 깨진 맥주 컵 파편이 우연히 피해자에게 튄 것이다.

Therefore, it is true.