A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On 05. 22:20 on 05. 05. 22:20, the Defendant, while drinking alcohol from the street in front of the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, by drinking, he was at the time when it was revealed that there was no good appraisal about each other, and caused the shoulder of the victim to be tightly pushed off once. The Defendant was at the chest of the victim who was on the side of the victim's face being cut back several times, and caused the injury requiring 5 weeks of treatment, such as cutting off the bones and breakinging the shoulder and the left chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and the table of notification to the reporting department;

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

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] General Injury (the general injury) in the aggravated area (six months to two years) [the person subject to special aggravated punishment] / 6 months of imprisonment, one year of suspended sentence, and one year of suspended sentence are serious damage to the victim, and the defendant does not have any effort to recover damage.

Although a mistake is recognized, it does not seem that the attitude of serious reflection, such as misunderstanding the victim's fault on the background of the crime.

Imprisonment shall be selected by taking into account the following circumstances.

In light of the above circumstances and other circumstances, the punishment shall be determined as ordered and the execution thereof shall be postponed, taking into consideration the following two factors: the defendant's age, sex, family relationship, status of property, and the fact that the defendant has no record of violence against him/her and has only been subject to suspension