A defendant shall be punished by imprisonment for not less than one year and six 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

At around 18:00 on August 9, 2014, the Defendant was dissatisfied with the victim D(the age of 61) in Suwon-si, Suwon-si C and the first floor, while drinking together with the victim. On the other hand, the victim was suffering from the breath’s disease, which is a dangerous object from the breath’s own breath in the room, and the victim was collected from the breath’s disease, which was around 28 days in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to D

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] the group of violent crimes-special injury [the scope of the recommended sentencing] mitigation area (one year and six months to two months), the area of mitigation (one year and six months to six months): A person not subject to the punishment;

3. In light of the fact that the defendant, who was sentenced to the sentence, was released from parole while serving a sentence due to death or injury, and committed the instant crime before the expiration of the sentence period, it is inevitable to punish the defendant accordingly.

However, in light of the fact that the defendant has a depth of wrongness and agreed with the victim, and that the defendant was under the influence of alcohol at the time of the instant case, and that he currently lives in the rehabilitation, it is reasonable to give the defendant an opportunity to a degree once. Thus, within the scope of the recommended punishment, the punishment like the order shall be determined as ordered within the scope of recommendation.