A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

Around 03:01 on July 8, 2020, the Defendant: (a) on the front of the C cafeteria located in Busan City, the victim D (57 tax) and the taxi engineer E were in dispute with the view to the trial; (b) on the ground that the victim was faced with the face of the victim on a one-time basis; (c) the victim was faced with the face of the victim on a cement package; and (d) the victim was faced with the victim’s head and the victim was faced with the victim’s face on a one-time basis.

On July 9, 2020, the Defendant caused a victim to have a thromatic brain breath and died due to cerebral damage by being treated at G hospitals located in Busan, Seo-gu, Busan, on July 9, 2020.

Ultimately, the Defendant committed assault against the victim, resulting in the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement by the police in relation to E, H and I, J and K;

1. Application of a death diagnosis report, investigation report on the autopsy record (on the site of the case and accompanying photographs and images of suspects) , investigation report (to attach photographs and images to the L District CCTV caps and images), medical records, certificates of postmortem examination and photographs, response requesting cooperation in investigation (119 first aid activities) ;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [type 3] is caused by the death of a assault crime (type 3] [person who is subject to special sentencing]: In the area of mitigation of punishment [the area of recommendation and the scope of the recommended punishment], the area of mitigation of punishment [the area of recommendation and the scope of the recommended punishment], one year and six months through three years.

3. The following circumstances and the defendant's age, sex, environment, family relationship, motive, means and result of the commission of the crime: