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 became final and conclusive.

Punishment of the crime

On September 22:44, 2019, the Defendant, within the “Cjuk” located in Suwon-gu, Busan, where the employees of the Defendant’s fishing vessel employed by the Defendant have left the ship with the captain of the victim D (the age of 60). On September 11, 2019, the Defendant: (a) caused the injury of the victim, such as cerebril, which was a dangerous object on the table of the above main line, on one occasion during the dispute between the victim and the passenger; and (b) caused the injury to the victim, such as cerebril, in which there was no two open places in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. CCTV closure photographs and images on the upper part of the victim’s body;

1. Statement by the police on the preparation of D;

1. Application of Acts and subordinate statutes to the submission of reference materials;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) 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. Determination of sentence: The sentence shall be determined as ordered in consideration of the following circumstances in the period of eight months of imprisonment, suspension of execution and two months, and the age, character and conduct of the defendant, motives, means and results of the crime, and all the circumstances constituting the conditions for the sentencing specified in this case, including the circumstances after the crime,

The extenuating circumstances: The method of crime is very dangerous when considering the instrument of crime and the degree of damage, and the degree of injury suffered by the victim is not easy: this case.