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

However, 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 29, 2012, around 06:00 on December 29, 2012, the Defendant saw the victim V (ma, 25 years of age) to drink together at his own female-friendly Gu and the above drinking house in Gangnam-gu Seoul, on the ground that the victim V (ma, 25 years of age) drinks together with the above drinking house.

In this regard, the victim, who is provokings the defendant, and the defendant spits the victim's spit by cutting down the victim's boom in his arms, and spit the victim's spit.

As a result, the Defendant inflicted injury on the victim, such as a sacriff and a sacriff to the right side in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. V statements among the protocol of interrogation of the police against the defendant

1. A suspect interrogation protocol of the police concerning V;

1. Each police protocol of statement about V, W, X;

1. Each statement of V;

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

1. Relevant Article 257(1) of the Criminal Act and Supreme Court Decision 83Do231 Decided March 22, 1983, which held that the choice of punishment is applicable to the crime (selected of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - General In the event that an intentional act of causing bodily injury is committed, general injury (including a special person) - In the event that there is no penalty (including a serious effort to recover damage) or considerable damage, the determination of the area of aggravation [the scope of recommendation] [the range of punishment] two to one year [the scope of recommendation] [the range of general person] reduction [the range of punishment] - the reflection of the reduction element [the range of punishment] applicable provisions: The statutory punishment of Article 257(1) of the Criminal Act : 1 to seven years [the period of suspended sentence] - When an intentional act is committed with positive negligence (including a serious effort to recover damage): there is no criminal conviction above the positive and contingent suspension of execution of sentence / [the decision of a severe punishment], and thus, the crime and the victim are severe.