Defendant

B A person shall be punished by imprisonment for not less than five 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

Defendant

B around 05:15 on June 24, 2019, around 05:15, at the center of the Dong-gu, Busan, as well as the victim A (24 years of age) in front of the Dong-dong post office, the issue of calculating the drinking value of marina, and the victim was faced with face of the victim due to his head, and suffered injury, such as a dubation that requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning the police investigation of the defendant A;

1. A copy of a report on internal history (CCTV image data analysis), CCTV image data analysis photograph;

1. Application of Acts and subordinate statutes of a letter of injury diagnosis;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act on probation and community service order are acknowledged by Defendant B itself, but the victim was not injured and the damage was not restored.

It is not good that a crime is committed.

However, in full view of the following factors: (a) Defendant B supports the mother suffering from incurable illness; (b) there is no record of criminal punishment; and (c) the Defendant’s age, character and behavior; (d) the environment; (e) motive and circumstance of the crime; and (e) the circumstances after the crime, etc., various sentencing conditions shown in the pleadings of the instant case shall be determined

The acquittal portion

1. On September 13, 2018, Defendant A sentenced Defendant A to three months of imprisonment, four months of imprisonment, and 1.5 million won of a fine at the Changwon District Court for a violation of the Punishment of Violences, etc. Act (joint assault) at the Changwon District Court on September 13, 2018, and completed the execution of the sentence at the Changwon Prison on October 30, 2018.

【Criminal Facts】

A. On June 24, 2019, at around 05:15, Defendant A spited the victim’s back, and spited the victim’s face on the roads in front of the Dong-dong post office located in 471, as the center of Busan, Dong-gu, Busan, as a matter of calculating the drinking value.

In addition, the defendant A is the next time when the victim resisted to be drinking.