A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around July 28, 2013, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant assaulted the victim B (the age of 59) who was on the part of the Defendant under the influence of alcohol in the Gangseo-gu Seoul Metropolitan Government Changdong basin to the river basin of Gangseo-gu, Seoul, on July 28, 2013, the Defendant used the victim B (the age of 59) to “I do not make any speech.” However, the victim “I do not make any speech.” The Defendant used the victim’s alcohol once in drinking, and followed the victim’s timber once by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 260 (1) of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Election of Penalties;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. Thus, according to the evidence as seen earlier, the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. However, it does not seem that the Defendant did not have the ability to discern things or make decisions. Accordingly, the above assertion is rejected.