A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 01:40 on July 17, 2016, the Defendant expressed the victim E (the 29 years of age) who is an employee of the same restaurant in front of the D cafeteria where the Defendant, at Osan City, is working as the delivery source, and without any reason, expressed the victim E (the 29 years of age) who is an employee of the same cafeteria, and used the victim’s body twice as drinking, with the victim’s boom at once, once, and once, once.

In a case where a court recognizes a more minor criminal facts included in the facts charged, within the scope recognized as identical to the facts charged, and where it deems that there is no concern that substantial disadvantage to the defendant’s exercise of his/her right to defend, in view of the progress of trial, the court may, ex officio, recognize the facts charged different from the facts charged as stated in the indictment, even if the indictment has not been modified (Supreme Court Decision 2010Do10512 Decided November 11, 2010). In this case, the facts of assault are included in the facts charged of the above injury, and the facts of assault are recognized by the defendant, and sufficient deliberation has been conducted only on the part of the injury, thereby recognizing the facts

Even if there is no concern about substantial disadvantage in the exercise of the defendant's right of defense.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] : (a) the basic area (2 months to 10 months) of the first type of assault crime (general assault) (2 months to 10 months) [no person subject to special sentencing] / The decision of sentence] of this case is a crime committed by the Defendant by assaulting the victim by drinking and hand while taking the victim’s bath without any reason.