A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On August 4, 2019, at around 15:30, the Defendant, in front of the C point in Gangdong-gu Seoul Metropolitan Government, was exposed to the victim D (the age of 60) and was seated on his will. On the other hand, the Defendant, in drinking, caused the victim’s face and head by tightly cutting off the victim’s face and head at the time, and caused the victim’s head to face. On the other hand, the Defendant, at around 4 weeks, suffered injury to the victim, such as an external fladrosis, in which there is no two main points in need of medical treatment for about 4 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], April through June.

3. Taking into account the following factors: (a) the Defendant was at the time of the sentence, and the victim’s face, etc. was harming the victim by making several times; and (b) the result of the victim’s injury requiring four-day medical treatment; (c) the crime of this case is not good; (d) the Defendant is still unable to receive a letter of suspicion from the victim; and (e) the Defendant again committed the crime of this case in the same kind, even though having the criminal records punished by a fine, etc. for the crime related to violence, such as the previous crime of injury, etc., even if the Defendant had the criminal records of the same kind.

On the other hand, the fact that the defendant was punished as a fine (500,000 won) in 2007, and after being punished as a fine in 2008 as a violation of the Road Act, there is no other criminal records that have been punished, and that the defendant has divided his mistake and reflected against him, etc. are favorable to the defendant.