A defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

At around 00:00 on May 11, 2014, the Defendant was exempted from payment of KRW 60,000 of the alcohol value by making 60,00 won in total from the head and face of the victim D (n, 60 years of age) in the head house operated by Gwangjin-gu Seoul Special Metropolitan City, to drink 9 disease, and by making the victim demand calculation of the alcohol value, the victim was able to resist the payment of the alcohol value by making the victim's head and face several times with the second hand floor so as to avoid the payment of the alcohol value, and caused the victim to suffer injury, such as the left side of the victim requiring treatment for about 2 weeks, the abandonment account, and the blood species.

Accordingly, the defendant acquired financial benefits from the victim by assault and inflicted bodily injury on the victim.

Summary of Evidence

1. Legal statement of witness D;

1. On-site identification reports, reports on results of genetic analysis and appraisal, requests for appraisal of DNA samples of detained suspects for appraisal (A), replys with each request for appraisal (2014-H-6840, 2014-M-31505), victim photographs;

1. Each investigation report (in response to a request for appraisal, 2014-M-31505, attaching site photographs, and submitting a victim's confirmation and diagnosis) [The defendant alleged to the effect that he cannot memory the crime of this case under the influence of alcohol, but not only credibility exists in the victim D's statement that meets the crime of this case, but also comprehensively taking account of each of the above evidence, such as site identification results, response to each request for appraisal request, etc., the fact that the defendant committed the crime of this case can be sufficiently recognized.] applicable

1. Article 337 of the Criminal Act and the choice of punishment for the crime, Article 337 of the Criminal Act and the choice of limited imprisonment;

1. Whether discretionary mitigation is a mental or physical disability as provided in Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following circumstances among the reasons for sentencing);

1. The gist of the assertion was that the Defendant suffered from “contributative dynamic disorder” for a long time, and was in a state of drinking even during the instant crime, so there was a state of mental disorder.

2. According to the judgment of the defendant and witness D's each legal statement, the fact-finding reply to Seoul Eunpyeong Hospital, and the copy of the medical record.