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 this judgment becomes final and conclusive.

Punishment of the crime

On August 17, 2013, at the oral repair shop operated by Songpa-gu Seoul Metropolitan Government by the victim D (year 65) on August 17, 2013, the Defendant expressed the victim’s “bridges, bridges,” while taking the victim’s face as a drinking, and inflicted injury on the victim, such as non-velary transfusion in the number of days to be treated.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Each investigation report, application of each photographic statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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

1. The Defendant, etc. alleged to the effect that, at the time of the instant crime, the Defendant, etc. was in a state of mental disorder or mental retardation due to taking advantage of his personal injury at the time of the instant crime, etc. However, in light of the circumstances before and after the instant crime, circumstances leading to the instant crime, and the Defendant’s behavior, etc., the Defendant did not have the ability to discern things at the time of the instant crime.

It cannot be seen that the defendant did not appear to be in a state or weak, and further, considering the defendant's power, ordinary drinking behavior, and drinking circumstances at the time of the instant case, it is judged that the defendant sufficiently predicted the occurrence of danger and led to the instant crime in the state of drinking. Therefore, the above assertion is rejected

The reason for sentencing is that the defendant assaults the victim without a clear reason to inflict injury on him and, in particular, for the victim who is difficult to resist as a disabled person, the defendant's ordinary drinking habits and violence: Provided, That there is no past record of a long suspension of execution or longer, and the defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as above in consideration of the above circumstances.

It is so decided as per Disposition for the above reasons.