A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 23, 2019, at around 01:00, the Defendant d (21 years of age) smoked tobacco in the smoking room located in the Gangwon-gun, the Defendant d (21 years of age), while smoking tobacco, spits the victim d (hereinafter referred to as the “victim”) spits, spits the victim’s booms and spits the victim’s booms on the ground that spits do not go to the Defendant’s seat, and spits the victim’s left face with the left hand 4 times, and spits the victim into the floor, and spits the left side of the victim requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes, such as 112 reported case handling table, diagnostic certificate, violence site, and photographic photo of the damaged part of the victim;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.

3. The Defendant, at the time of a minor trial, sentenced the victim to a high-speed sentence, for approximately three weeks of medical treatment, and did not receive any instruction from the victim.

The responsibility of the defendant is heavy.

However, considering the favorable circumstances, such as the fact that the defendant was recognized to commit a crime and there is no criminal record exceeding a fine, etc., the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, family relation, motive and means of a crime, circumstances after a crime, etc., and various sentencing conditions shown in the records and arguments of this case.