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

except that 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 13, 2014, at around 00:40, the Defendant: (a) stated that the Defendant was drinking at the “C” restaurant located in Namyang-si B, Namyang-si, that the Defendant was drinking tobacco to Defendant D, who is another customer, and said that the Defendant was drinking out of the restaurant, and (b) the victim prevented the victim from drinking out of the restaurant.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] Crimes of assaulting Article 6 of the Criminal Act: Types 6 (Habitual Offense, Habitual Assault and Special Violence) (4-1-2) (Special Mitigation) and the scope of sentence comparison between the sentence to which punishment is not to be imposed and the recommended sentence: Six months to one year (decision of sentence]: Imprisonment with prison labor for 8 months and one year and two months (decision of sentence), and the suspended sentence for 2 years disadvantageous circumstances: Assaulting a victim with a dangerous article;

(k) A favorable normal situation: A reflection on his mistake, the fact that there is no past record of crime heavier than a suspended sentence, and a smooth agreement with the victim;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.