A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 13, 2019, when the Defendant was taking meals in C operated by the Defendant’s wife located in Tong Young-si B on November 17:26, 2019, the Defendant inflicted injury on the victim, who is the customer, on the ground that D (70 years of age), under the influence of alcohol, had a sound to the Defendant’s wife, and caused the misunderstanding to the lower part of the floor, on the ground that the victim’s wife was frightened, and had a string to the lower part of the floor, thereby causing injury to the victim, i.e., a dangerous object (a., 38 cm, 38 cm in length, 90 cm in height, 90 cm in height).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV video CDs;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The scope of punishment by law: Imprisonment for six to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types]. Special injury, repeated crime [Class 1] Special Injury (Special Contributors): In cases where victims are fully responsible for the occurrence of or the expansion of damage to a crime, [the scope of the recommended area and the recommended punishment] mitigation area, imprisonment for up to four months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines] for six months and one year (in cases where the lowest limit of the range of the sentenced punishment recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, the lower limit of the applicable sentencing range shall be set according to the law).

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years (unfavorable circumstances) and with injury caused by steel agents, the method of committing the crime is very dangerous, and the degree of injury is not minor;

【Legied circumstances】 some of the circumstances can be taken into account in that the victim provided the beginning for the occurrence of the crime.

The defendant's mistake is recognized, and there is no previous conviction after 2003.

In addition, the order is based on the various circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment, and family relationship.