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.

Criminal facts

At around 17:00 on January 4, 2016, the Defendant: (a) expressed to the victim D (here, 66 years of age) who had drinking alcohol within the domination of the street store located in Yansan-gu, Jeonsan-si; (b) however, the Defendant expressed the victim’s desire to “Iskn’s left face” on the ground that the victim refused it; (c) expressed one time the part of the victim’s left face to drinking; and (d) caused the victim’s injury, such as the impairment of the head or other part of the part requiring treatment for about two weeks, on the other hand, by taking two occasions into account the victim’s left face her hand.

Summary of Evidence

1. Legal statement of the witness D;

1. Investigation report (related to the statement of wooden E);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act that the defendant had been punished several times for the same crime, and the fact that he/she is consistent with the vindication of himself/herself is disadvantageous.

However, rather than edification by confinement, it seems that the defendant needs more re-satisfying process through taking violence treatment lectures, and the agreement with the victim is more favorable.

The punishment as ordered shall be determined by comprehensively taking into account the aforementioned circumstances, the overall circumstances and results of the instant case, as well as various sentencing conditions indicated in the records, such as character, behavior, career, and circumstances before and after the commission of the crime.