A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

On March 30, 2013, at around 00:25, the Defendant suffered injury to the victim E (the 43 years of age) due to a beer’s disease, which is a dangerous article on the table table, where the victim E (the 43 years of age) had drinking together at the D stations located in Jinsung-gun, Jinnam-gun, for about three weeks of treatment.

Summary of Evidence

1. Each testimony of witness E and F;

1. Application of the written complaint (Attachment of a medical certificate) and the Acts and subordinate statutes governing medical expenses receipts;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant is recommended to be sentenced to one year and six months to two years (the recommendation for the mitigation area of the type of “special injury” (the recognition of a minor injury as a special mitigation factor)). The victim wants to be punished for the defendant, which is disadvantageous to the defendant.

However, it is recognized that the defendant has committed a loss or drinking to the victim, the degree of injury of the victim is relatively minor, and the defendant has no criminal power, in addition to one fine due to drinking driving, it is considered as a sentencing ground favorable to the defendant.

In addition, the sentence identical to the order shall be determined by comprehensively taking into account all the grounds for sentencing, including the defendant's age and motive.