A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, around 10:30 on September 6, 2017, was seated at KBS alone located in 429, Singue-ro, Busan, Suwon-ro, and C, and was seated at the seat of another person, and the victim D (if known, 75 years old) who was seated immediately above the defendant was seated.

The victim was injured by the defect, the damage of the victim, which was caused by the damage from the back of the victim, such as the exhaustion of the 4 weeks of medical treatment, due to the loss from the back of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Fact-finding, investigation report (Attachment to Report Processing and Telephone Communications of the Suspect), and medical certificate [the defendant and his defense counsel did not have any fact that the defendant did not get less than the victim's neck, and only left a victim's gate on several occasions, and the defendant did not have any intention to inflict any injury on the victim.

The argument is asserted.

However, in full view of the above evidence, it is recognized that the defendant was found to have been in favor of less than the victim, and that there was an injury, such as the statement of the facts of the crime, as he exceeded the old victim.

In addition, in full view of the physical history of the defendant, the degree of the victim's age and the degree of the victim's injury, and the situation before and after the crime, there was an intentional injury to the defendant.

【Recognition】

Application of Statutes

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

1. If the defendant's reason for sentencing under Article 62 (1) of the Criminal Code of the Suspension of Execution is in the position of the investigation and trial, it seems that the defendant has shown a lack of good mind.

It is not against the victim's damage caused by the defendant's behavior.

The defendant should voluntarily reflect his mistake and again refrain from such a mistake.

However, the defendant is old, and is now.