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

On March 29, 2014, the Defendant: (a) around the Busan District Office of the National Bank of Korea located in the Dong-gu Busan, Busan District on March 29, 2014, and (b) on the ground that the victim D (Nam, 46 years of age) who was a dong-gu, Busan District, tried to return home without drinking alcohol, suffered bodily injury, such as the face of the victim two times, and the chest part of the victim's face and chest part were taken twice, and the Defendant was unable to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. A report on investigation;

1. Application of the Acts and subordinate statutes governing the parts of the body of the victim D;

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

1. The defendant and defense counsel in the judgment on the assertion of the defendant and defense counsel under Article 62(1) of the suspended execution of the Criminal Act asserted that they had the state of mental or physical disability under the influence of alcohol at the time of the crime of this case. The records show that they had the state of mental or physical disability. The defendant was found to have drinking prior to the crime of this case, but did not have the ability to discern things

Since it seems that the defendant and his defense counsel are in a state or weak condition, the above assertion cannot be accepted.

Reasons for sentencing

1. Where the sentencing criteria [the range of recommendations] general injury areas of category 1 (general injury), special mitigation areas (1 to 1 (1 month), minor injury (1 to 4), penalty not (including serious effort to recover damage), or considerable damage has been recovered;

2. Determination of the sentence of this case shall be made in full view of the following factors: (a) disadvantageous sentencing grounds for the defendant, including the previous conviction and three times of fine; (b) favorable sentencing grounds for the defendant, the degree of injury and the fact that the victim does not want punishment; and (c) the motive, means and result of the crime of this case; and (d) the age, character and conduct, surroundings, criminal records, and circumstances after the crime.