A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On October 25, 2013, at around 22:14, the Defendant: (a) considered that the victim E (a 48 years of age) is fling with F that is the president of the above main shop for the purpose of calculating the drinking value; and (b) fing finging with F that “I wish to do finging to do finging with president,” and fing finging with the victim’s table, the Defendant finged with the victim’s head.

As a result, the Defendant inflicted injury on the victim, such as heat that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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

1. Scope of discretionary punishment: One year and six months-15 years;

2. 2 years and 4 years in the basic sphere of the scope of the recommended sentences for the sentencing criteria [decision of types], group of violent crimes, special injury [the scope of the recommended fields and the scope of the recommended sentences].

3. The above punishment shall be determined by taking into consideration the following facts: (a) there is no previous conviction or heavier than the suspended sentence; (b) one million won deposited by the victim; and (c) the victim was under the influence of alcohol and was unaware of the reason when drinking.

It is so decided as per Disposition for the above reasons.