A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On March 3, 2017, the Defendant inflicted injury on the victim C (67 years old) and the victim’s face 31 days in drinking, on the ground that the Defendant demanded a victim C (67 years old) to smoke from tobacco smoking in front of sports facilities in Songpa-gu Seoul, Songpa-gu, Seoul located in the village of 197, and that he/she demanded the victim to smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a medical certificate of injury and change of the name of the crime);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing];

2. Although the Defendant had a record of having committed the same kind of crime, and did not reach an agreement with the victim, the decision of sentence shall be made by taking into consideration the following factors: (a) the Defendant recognized and reflected the instant crime; (b) the background and degree of injury that the Defendant committed the instant crime; and (c) the Defendant’s age, sex, sex, environment, health conditions, family relationship, motive and circumstance of the crime, means and method of the crime; and (d) the sentencing conditions specified in the trial process of the instant case,