A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On December 9, 2018, at around 01:25, the Defendant was waiting for a taxi located in Gwangjin-gu Seoul Special Metropolitan City “C”. On the ground that the drunk victim D(50 years of age) was fluoring the clothes, etc. of the Defendant’s daily driving and drinking water to the Defendant, the Defendant her body was fluored beyond the victim’s body on his/her hand, walked off the victim’s body on one occasion, walked the part of the victim’s body, walked the victim’s body on one occasion, walked the victim’s body on one hand, cut off the victim’s face, cut off the victim’s face used on the drinking floor, took part in a part of the victim’s face, and taken part of the victim’s face, which was used on the dried-ro floor, and inflicted injury, such as pressinging the victim for about four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the body part of the victim;

1. Application of investigation reports (verification of CCTV images) and investigation reports (Submission of a written diagnosis of injury to a victim)-related Acts and subordinate statutes;

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

1. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), group of violent crimes, general bodily injury, first category (general injury), increased and mitigated factors: None of the relevant factors (the scope of recommending punishment): April to June; and

2. Determination of sentence [Incompetence], although the responsibility of the victim is partially recognized for the occurrence of this case, the degree of assault that the defendant used by the victim is more severe, and the degree of the victim's injury caused by this case is not less than that of that of the victim until now. [Lest circumstances] The fact that the victim under the influence of alcohol reflects the mistake while recognizing the crime of this case, it is obvious that the victim under the influence of alcohol would be able to wear the clothes, etc. of the defendant's driving, thereby leading to the crime of this case.