A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

The defendant and the victim B (the age of 53) are as follows.

At around 14:00 on October 19, 2018, the Defendant: (a) divided the victim into two parts on the road of “Diplomatic Association” located in Gangnam-gun, Gangnam-gun, Gangnam-do, on the ground that the victim made a bad speech to the Defendant; (b) was scambling the victim’s breath; (c) was scambling the victim’s face; and (d) was scaming the victim’s face by drinking, the Defendant inflicted an injury on the victim, such as snow pool and open space of snow room for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a medical certificate);

1. The punishment shall be determined as ordered by comprehensively taking into account the relevant legal provisions regarding criminal facts, Article 257(1) of the Criminal Act regarding the choice of punishment, elements of sentencing under the grounds for sentencing of imprisonment, and all the conditions of sentencing as shown in the records and arguments, including the relationship between the defendant and the victim, age, character and conduct of the defendant, environment, circumstances before and after the crime, etc.

The elements of favorable sentencing: The defendant is led to confession, the degree of injury is relatively minor, the defendant has been suffering from a long time due to the previous traffic accident until now (Grade 3) and the victim does not want to be punished against the defendant (agreement). The elements of unfavorable sentencing include a majority of the previous sentencing: the defendant is under suspension of the execution of imprisonment with prison labor for six months on September 20, 2018 after being sentenced to two years on September 28, 2018 by this court for injury, and is still under suspension of the execution, and the judgment becomes final and conclusive on September 28, 2018 and is likely to be subject to criticism again.

(k) The sentencing guidelines [the range of recommendations] general injury categories 1 (general injury) and special mitigation (one month to ten months) (special mitigation) (special mitigation) and minor injury and non-legal penalty.