A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim C(53) are between the two parties with a common knowledge, and the victim is a person with a disability of class 2.

On September 29, 2016, around E convenience stores located in Gangseo-gu Seoul Metropolitan Government D on September 23:0, 2016, the Defendant: (a) committed an assault in the past with the victim; (b) took the hand of the victim who was involved in a dispute with the victim; and (c) went up with the victim's face; and (d) inflicted an injury on the victim, taking the victim's face into consideration for about five weeks, he/she sustained a stop frame that needs to be treated for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] general injury (one type) [the person subject to special sentencing] and aggravated factors: Victims who are vulnerable to the crime [the scope of the recommended punishment and the scope of the recommended punishment] increased area, six months to two years of imprisonment.

3. Grounds for probation [major reasons for probation] negative: Victims vulnerable to crimes (general reasons): No effort to recover damage is made, positive: contingent crimes, or there is no previous conviction or heavier punishment.

4. In light of the fact that the Defendant, who was sentenced to the sentence, assaults the victim of the class 2 of the physical disability, thereby resulting in the victim’s injury requiring medical treatment for five weeks, and that the damage has not been recovered, the nature of the crime is not weak;

However, the fact that the defendant makes a confession of his mistake and reflects against himself, the defendant also is a disabled person of Grade II with physical disability who is a recipient of basic living benefits, the economic situation is not good, the defendant has caused contingent crimes during the dispute with the victim, and the defendant has applied for formal trial by being sentenced to a summary order of a fine due to obstruction of business and has applied for formal trial and is still pending in trial.