Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 22:20 on January 27, 2015, the Defendant, while drinking the victim E (year 45) and drinking alcohol at the main point of the “D” located in Yangsan City, followed the beer’s disease, which is a dangerous object on the table with the victim, and assaulted the victim by making the head part of the victim one time.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The mitigated area (Habitual Cumulative Offense, Habitual Assault. Special Violence) [Special Mitigation] of the mitigated area (4-1-2 months), of the punishment (including serious efforts to recover damage), or of considerable partial recovery from damage (the decision of the sentence] of the crime committed by assaulting the victim with beer who is a dangerous object despite the existence of the same criminal conviction (the decision of the sentence] of the same kind of crime, and the responsibility for such crime is not weak.
Provided, That the punishment as ordered shall be determined in consideration of the fact that the victim is not subject to punishment for the defendant by mutual consent with the victim, the fact that the victim is detained in a short period and is likely to repent of his/her mistake, etc.