A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

At around 22:30 on October 24, 201, the Defendant: (a) from the victim D, who spawn at the lower house of the Defendant’s house in front of the Pyeongtaek-si building B-dong, she spawned the victim’s breath by drinking alcohol at night; (b) spawned the victim’s breath by drinking water; and (c) caused the victim’s injury, such as drinking balone on the left balone, which requires treatment for about 28 days, by drinking and spawning the body of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 62 (1) of the Act on the Suspension of Execution of the Criminal Procedure alleged that the defendant's act constitutes self-defense for the purpose of defending the defendant's improper attack D. However, in light of the motive and circumstance leading up to a fighting with D, the process and contents of the fighting, and the degree of violence committed by the defendant, the defendant's act has the nature of the act of attack against D, and it is difficult to view it as an act of attack socially considerable defense.

The crime of this case on the grounds of sentencing is a case where the Defendant, while making a dispute with a neighbor, brought an injury to the victim by fighting the body of the victim. In light of the fact that the degree of the injury of the victim is serious, the crime is not subject to a repayment of damage or an agreement with the victim, and thus, the Defendant is not subject to imprisonment with labor.

However, the execution of sentence is suspended in consideration of various factors of sentencing, such as the fact that the victim was the victim's end at the end, and the fact that there is no particular criminal conviction in addition to the fine, it is recognized that there are some extenuating circumstances in light of the circumstances.