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.

Criminal facts

At around 23:40 on July 10, 2013, the Defendant visited “E” operated by the victim D in Yongcheon-si, Youngcheon-si, in order to see the above bowling site under the influence of alcohol, and rejected it from the victim, the customer under the influence of alcohol was unable to enter the victim. As a result, the Defendant left the victim’s buck site one time, walking in the victim’s face on a drinking ground, and caused the victim to take about about six weeks of treatment for the victim’s face on a drinking ground.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. A report on investigation (Attachment of a medical certificate);

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental and physical disability under the influence of alcohol at the time of the crime of this case. Thus, according to the above evidence, even though the defendant was found to have drinking alcohol at the time of the crime of this case, he did not have the ability to discern things or make a decision.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the deposit of KRW 10 million for the recovery of damage, the violation of errors, and the absence of criminal records beyond the fine);