A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On August 29, 2015, the Defendant: (a) 22:50 on August 29, 2015, in front of the “C” restaurant located in Seo-gu, Seo-gu, Gwangju; (b) seeing her bath from the victim D (Nam, 45 years old); (c) 4 times flapsing the victim’s flaps; and (d) flapsing the victim’s face on a one-time basis, the Defendant inflicted injury on the victim, such as external flapsing blood transfusion and thale, for which approximately six weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement made by the police officer in relation to D, E, and F;

1. Each report on investigation;

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

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

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

1. The Defendant’s crime of injury in this case for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act appears to have been committed by the victim when the victim was at the time, resulting in the victim’s bodily injury, such as light blood transfusion, which requires six weeks’ medical treatment, and thus, likely to lead to a significant result (special-purpose person). The Defendant also committed the instant bodily injury inasmuch as the Defendant committed the instant bodily injury even though he had already been punished for multiple violent crimes, it is inevitable to punish the Defendant corresponding thereto.

However, on September 22, 2015, the defendant expressed that the victim is not subject to the punishment of the defendant (special person) by mutual consent with the victim on September 2, 2015, and the defendant has no record of being punished for violent crime for the last ten years except for the defendant issued a summary order of KRW 1 million for the crime of injury on October 30, 2013, and considering the defendant's age, character, behavior, environment, etc., the defendant shall be determined as ordered within the scope of 4 to 1 year and 6 months (the basic area of category 1 among general injuries to violent crime group) who are recommended for sentencing guidelines, and the execution of the sentence against the defendant shall be suspended only once.