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 becomes final and conclusive.

Punishment of the crime

On June 28, 2019, the Defendant: (a) around 22:10 on June 28, 2019, the victim D (the age of 60) who is a senior ship in front of the Guro bank Dong branch in Guro-gu Seoul Metropolitan Government, did not enter the victim’s funeral ceremony; (b) was able to see the victim’s face in the instant case where he was pinnedly, and the victim’s face was taken several times at a time, and the victim’s face could not be known, and the Defendant sustained the injury that the victim’s face near the left eye is 4 cm to tear the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the scene photographs and reports on internal investigation (attached to emergency medical services logs and failure to submit a victim's death diagnosis report);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment]: Reduction elements: Reduction areas of punishment (the area of recommendation and recommendation range], reduction areas of punishment and reduction of punishment range, and February through October.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

A disadvantageous condition: A normal condition that is favorable to the defendant that the victim's eyebrow was damaged by the crime of this case, and the degree of tear and the behavior of violence was not less severe, and the defendant had a record of punishment several times for the same kind of violent crime: The defendant recognized the crime of this case, is against the defendant, and the victim does not want the punishment of the defendant.