A defendant shall be punished by imprisonment for six months.

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

Criminal facts

around 08:50 on November 26, 2012, the Defendant, at the street room located in Gangdong-gu Seoul Metropolitan Government, inflicted injury on the Defendant, such as chest 10, 12 weeks of treatment, and 3 times of pressure pressure, etc., which require the Defendant’s treatment for approximately 12 weeks, due to the dispute between the neighboring victim G (the age of 68) and the wall.

Summary of Evidence

1. Each legal statement of witness G and H in part;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the G production;

1. The injury diagnosis statement, image medical examination statement, and reading statement [the defendant and his defense counsel did not intentionally commit any act that causes the victim at the time of the instant case, and the injury of the instant case was not caused by the defendant's act. However, considering the results of the fact inquiry and the opinions of the professional examiners of the first instance court on the part of the Defendant, J PP and K image department, the Defendant committed an act that causes the victim's injury as stated in the facts charged at the time of the instant case, and thereby, it is sufficiently recognized that the Defendant committed an act that causes the victim's injury, such as chest 10, and pressure 3, which require the victim's treatment for about 12 weeks. Accordingly, the above assertion by the defendant and his defense counsel cannot be accepted).

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selecting the sentence of imprisonment with prison labor [Scope of Recommendation]: General injury area (one month to one year and six months): None of the basic area (a person with prison labor for four months or one year and six months): [Determination of sentence] (Determination of sentence] In light of the degree of injury in this case, the nature of the crime is not easy, and the fact that no agreement has been reached with the victim is disadvantageous to the defendant;

On the other hand, the defendant seems to have reached the crime of this case by contingency in the process of vision with the victim as a fence, and the occurrence and degree of the injury of this case by the king, which was in the victim's chest and the king, had a significant impact.