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

On September 14, 2013, at around 18:55, the Defendant, without any justifiable reason, performed drinking in a 'E' restaurant located in Gangnam-gu Seoul Metropolitan Government D, and brought a bodily injury, such as damage to the character of head parts of other head parts that require approximately two weeks of treatment.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Recording notes of the F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (in cases where it is inappropriate to issue an order for compensation because the scope of liability for compensation is unclear, such as the deposit by the defendant on August 21, 2015)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations on the sentencing guidelines [the range of recommendations] the basic area (two years to four years for imprisonment) of the type 1 (Habitual Injury, Bodily Injury, Special Bodily Injury) and the basic area (no special person) of the punishment guidelines.

3. The sentencing guidelines are set in consideration of the circumstances unfavorable to the Defendant, the circumstance leading up to the instant crime, the tool and method of committing the instant crime, the victim’s damage level, and the fact that the Defendant had been punished for the same kind of crime in this case five times, etc., or the fact that the Defendant has divided his depth into and reflected against his own crime, the fact that the Defendant deposited 1.5 million won to the victim on August 21, 2015, which was the prosecution after the prosecution, and all other circumstances shown in the pleadings of this case, such as the Defendant’s age, family relation, and inclination.