A defendant shall be punished by imprisonment for 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 December 31, 2019, at around 03:25, the Defendant, under the influence of alcohol at “C” located in Gangseo-gu Seoul Metropolitan Government, took a bath with the victim D (the age of 19). During his body fighting, the Defendant was suffering from injury to the victim, such as two open wounds where two weeks of treatment is required for the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim, thereby causing the victim's injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 262, Articles 261, 260(1), and 257(1) of the Criminal Act applicable mutatis mutandis to the pertinent criminal facts and Article 262, Articles 261, 260(1), and Article 257(1) of the Criminal Act may be interpreted as being indicted only by presenting the statutory punishment for the facts charged in this case to imprisonment with prison labor for not less than one year but not more than ten years. However, in the case of bodily injury resulting from special violence, it is reasonable to interpret that the indictment is punished in accordance with Article 257(1) of the Criminal Act as before, notwithstanding Article 258-2 of the Criminal

(See Supreme Court Decision 2018Do3443 Decided July 24, 2018). (Selection of Imprisonment)

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

In light of the relationship between the defendant and the victim, the method of crime, etc., the circumstances favorable to the crime of this case during the period of long-term probation under the Juvenile Protection Act (Seoul Family Court 2019Ma1429): The defendant shows his attitude to see his errors by the investigation agency and this court until he committed the crime.