Text
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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 21:20 on October 29, 2013, the Defendant, within the main point of “D” located in Ulsan-gu, Ulsan-gu, Seoul-do, on the ground that the victim E (Nam, 48 years of age), a workplace partner, who performed drinking together with the Defendant, took a bath to the Defendant, caused the Defendant’s injury to the Defendant, such as the head, tear, tear, etc. requiring approximately three weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the interrogation of suspects of E;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548,
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. It is so decided as per Disposition for the reason that probation and community service order are more than Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for the defendant to return to a sound member of society in view of the defendant's past records