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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 10, 2018, the Defendant was performing the work of moving an empty stuff from a “D” restaurant located in the Guro-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si.

During that period, it was punished for the reason that the victim E (the male, the 64 years old) and the stuffed away from the above work.

The Defendant was faced with bricks, which are dangerous to the victim, (flost 20cm in width, 9cm in width, 8cm in width, 1) and inflicted bodily injury upon the victim to tear 40cm in width.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A report on investigation (cases concerning site conditions and suspect, and witness's statements);

1. Side photographs of an injury inflicted on the victim;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 48(1) of the Criminal Act, the method and form of the instant crime, risk, degree of injury to the victim, etc. of the reason of sentencing is not easy.

However, the defendant shows his attitude to see and reflect his mistake.

In receiving compensation (15 million won) from the defendant, the injured party does not want to be punished by mutual consent.

There is no criminal offense against a defendant who has been punished by a fine exceeding ten years.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.