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 becomes final and conclusive.

Punishment of the crime

The defendant was aware of the work at a construction site with the victim B (the age of 45).

At around 19:30 on November 16, 2018, the Defendant rejected the victim’s request for drinking alcohol from the D package c in Seosan-si, Seosan-si, for the following reasons: (a) the Defendant heard the victim’s bath; (b) the Defendant sent the victim’s head once to the beer disease, which is a dangerous object on the table; and (c) the Defendant laid down the victim’s head one time to the right hand on the part of the beer disease.

As a result, the defendant suffered an injury to the victim due to dangerous things, such as the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (to hear and report on the phone statement of a witness);

1. Application of statutes on site photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. The crime of this case, which was determined to be sentenced, is not good in light of means and risks, but is not good in the nature of the crime. However, the defendant's mistake and reflects the defendant's mistake, the victim does not want the punishment of the defendant, the degree of injury is not severe, and the defendant's age, character, character, environment, criminal records, circumstances of the crime, etc.