A defendant shall be punished by imprisonment for not less than one year and 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 July 12, 2015, around 07:40 on July 12, 2015, the Defendant tried to sit in the “D” restaurant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, in the seat of the victim E (30 years of age) and the victim demanded to leave the seat and assault the Defendant, the Defendant left the victim’s head one time as a small-scale person who is a dangerous object on his/her customer.

As a result, the defendant carried dangerous things with the victim, who is in need of treatment for about two weeks, was injured by two heats.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Each statement of G and H;

1. A photograph of a CCTV image closure;

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

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The part dismissing the prosecution in consideration of the reason for sentencing [Scope of recommending punishment] under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances] of the suspended sentence, where the mitigated area (one year and six months to two years), the mitigated area (one year and six months), the punishment not (including a serious effort to recover damage), or considerable damage has been smoothly agreed with the victim (decision of sentence], the fact that there are no criminal records of suspended sentence or more, and that there are circumstances that can be considered in the course of committing the crime, etc.

1. The summary of the facts charged is that the Defendant attempted to assault the victim F (n, 24 years of age) who is the victim of the above E (n, 24 years of age) in E and out of E, and followed E, and that the victim was prevented, by hand, three times more and more.

Accordingly, the defendant assaulted the victim.

2. The crime of non-compliance with judgment: the victim under Article 260(3) of the Criminal Act withdraws his wish to punish after prosecution.