A defendant shall be punished by imprisonment for not less than eight 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

At around 21:10 on March 20, 2019, the Defendant inflicted injury on the victim in the treatment days due to the following reasons: (a) on the two pages of “C” located in the first floor of Jongno-gu Seoul, Jongno-gu, Seoul, on the ground that the Defendant’s friendship victim D (the age of 49) desires the Defendant; (b) the head of the victim was taken once due to beer disease, which is a dangerous article on the tables, and the head of the victim’s head was cut to the degree of 1cm; and (c) the victim’s head was cut to the degree of 1cm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Voluntary reports and photographs;

1. Application of Acts and subordinate statutes to emergency medical service log, emergency center recordbook, and emergency department recordbook;

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 extenuating circumstances among the reasons for sentencing);

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. According to the Supreme Court’s sentencing decision, comprehensively taking account of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after crime, the sentence is determined as ordered within the scope of the recommended sentencing guidelines of the Sentencing Committee.

Unfavorable circumstances: the defendant has become favorable.