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 two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendants are public interest service personnel serving in the Korea Rural Community Corporation.

On November 18, 2013, the Defendant: (a) around 01:40, at the public toilets located on the fifth floor of Goyangdong-gu, Yongsan-gu; (b) the victim D (the age of 23) and snow fluoring days, led the victim to drinking and drinking canal partitions; (c) brought the victim's face, etc. due to drinking and launching, brought the fluoral disease in neighboring singing; and (d) brought the fluoral disease in neighboring singing, which is a dangerous object, inflicted an injury on the victim, such as the fluoral fever in the number of days of treatment on the part of the victim; and (e) caused the victim with the fluoral disease, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each police suspect interrogation protocol regarding E;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to photographs, investigation reports (victim photographs), investigation reports (CCTV image investigations), investigation reports (victims telephone communications); and investigation reports (victims telephone communications);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant and his defense counsel asserted that he was in a state of mental disability under the influence of alcohol at the time when the defendant committed the crime. Thus, in light of various circumstances, such as the background, method, contents of the crime acknowledged by the records of this case, and the defendant's behavior before and after the crime, it is recognized that the defendant was somewhat drunk at the time of the crime, but it cannot be seen that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.

The reason for sentencing (Scope of Recommendation) is the type 1 of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) (Article 1 of the Act on Special Mitigation (Article 9-2 of the Act on Special Mitigation) (Article 1 of the Act on Special Mitigation).