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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On March 13, 2019, at around 23:20 on March 23, 2019, the Defendant, at the main point of the trade "C Ba" located in Gangseo-gu Seoul Metropolitan Government, as a result of the victim D(53 years of age) and the employee problem, and had the victim's head and back water part on the table one time, and had the victim's head and back water part for about 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (to listen to shote E telephone statements);

1. Investigation report (Submission of a certificate of injury to D) accompanied by the medical certificate of injury (Evidence Record 97 pages);

1. Application of Acts and subordinate statutes to field photographs and photographs of the suspect A, whose head is the suspect D;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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 consideration shall be made again for the reason of sentencing);

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, injury by repeated crime [Class 1] Special Bodily Injury (Special Contributors): In cases of minor injury, non-specing of punishment or damage recovery from considerable part of damage [the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, imprisonment from two months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).

3. The sentence shall be determined as ordered in consideration of the records and all the circumstances shown at the trial, such as the circumstances and age of the defendant, family relations, economic circumstances, background of the crime, circumstances after the crime, etc., according to the decision of sentence.

Disadvantageous circumstances: The main part of the victim's head that could cause a large damage is dangerous to commit the crime.