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

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

Punishment of the crime

【Criminal Records of Crimes】 On October 24, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of eight months in prison due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on the Aggravated Punishment, etc. of Specific Crimes, and the same criminal record is ten times in total.

【Criminal facts】 On October 1, 2016, the Defendant, while drinking alcohol together with the victim D (58 tax) on a around October 1, 2016, had the victim take a bath for one another while drinking alcohol. As a drinking, the Defendant put the victim into a right throke for six weeks of treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

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

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

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

1. The Defendant had a record of sentencing more than 10 times with the reasons for the instant punishment under Article 44-2 of the Act on the Observation, Medical Treatment, Care, etc. of the Protection, Medical Treatment, etc., and the fact that the instant injury was serious is disadvantageous.

However, a sentence shall be determined as ordered in consideration of the fact that there has been a smooth agreement with the victim, and that the defendant shows treatment of alcohol issues that have caused repeated crimes.