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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On September 19, 2012, the Defendant reported on September 19, 2012 that the victim D (year 31) was aware of and based on the victim D, the Defendant was at the time twice the left side part of the victim's face due to drinking.
As a result, the Defendant was suffering from a ductal ductal dus that require treatment for about 28 days to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to each investigation report (in cases of attaching a victim's surface photograph, a written diagnosis of injury, etc.);
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., the crime of this case constitutes category 1 (general injury) among the general injuries of violent crime groups, and the scope of recommendation is from six months to two years (serious injury) of imprisonment.
The improper act of the victim caused the instant crime.
Even if at the time, it is difficult to see that the situation was an imminent situation in which the victim is bound to exercise violence, and the defendant's liability is heavy because of the result of the crime, such as the victim's surgery by force.
In addition, a strict criminal punishment should not be imposed due to the failure to take measures for the recovery of damage, such as reimbursement of medical expenses, etc. for victims.
Provided, That the punishment as ordered shall be determined in consideration of the fact that the defendant has led to an offense, is against the defendant, has no record of criminal punishment, and has yet to be older young people.