A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Criminal facts

On June 10, 2014, around 23:20 on June 10, 2014, the Defendant expressed that the victim and G have a face of drinking with the victim while drinking alcohol with the victim E (37 years of age), F, G, etc. in the “Dnomana” corridor located in Changwon-si Member C, Changwon-si.

이에 화가 난 피고인은 피해자에게 “니가 새끼야 형님에게 주먹을 날려”라고 욕설을 하면서 피해자의 얼굴을 주먹으로 2회 세게 때려 피해자의 머리와 몸통이 벽에 ‘쿵’하고 부딪히면서 바닥에 넘어지게 하여 창원시 마산회원구 팔용로 158에 있는 삼성창원병원에서 치료를 받던 중 같은 달 16. 14:40경 중증 뇌부종 등으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, H, I, and G;

1. The application of the statute to the opinion, records in the emergency room, death diagnosis report, response to requests for appraisal, and appraisal report;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [the range of recommending punishment] types 3 (where the result of death has occurred) and the mitigation area (one year and six months from June to three years) (special mitigations) are not subject to punishment;

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended sentence, this case was committed by assaulting a victim who is a workplace partner at the end of the trial run by the defendant at the end of the trial run by the defendant, and even if the defendant did not intend to do so, the defendant's liability for the crime is heavy.

However, the defendant recognized the crime of this case, the degree of violence is minor, there is no special penalty power, the victim's bereaved family members have paid KRW 200 million and agreed to do so, and all other sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc.