Defendant

A shall be punished by imprisonment for six months.

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

Criminal facts

(A) On November 9, 2018, at around 19:35, the Defendant: (a) carried out a dispute with the victim B (the age of 41) while drinking in the D’s danran bar located in the Chungcheongnam-gun budget group C; (b) caused an injury to the victim, such as an internal eye, which requires approximately 15-day medical treatment, by putting the head on the victim’s head; and (c) resulting in a beer disease, which is a dangerous article on the table, one time at the left side of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. On-site photographs;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the fact that the intention of the victim who first assaulted the defendant physically, the fact that the victim who first committed a physical attack had considerable influence on the crime, the fact that the victim and the victim have agreed smoothly after the institution of a public prosecution, the fact that there was no previous violence exceeding the fine, the support for the children of elementary school students, and the fact that the health and economic situation are not good);

1. The summary of the facts charged against Defendant B (Defendant B) of the indictment dismissing the prosecution under Article 62(1) of the Criminal Act (restatement favorable to the foregoing consideration) is as follows: (a) around November 19:35, 2018, the Defendant committed assault against Defendant B on the part of the victim E in front of the victim E in the “D,” which is located in the Chungcheong Budget-gun C, on the one hand, while having a dispute with Defendant E in front of the victim’s dan, on two occasions, with the victim’s hand.

This part of the facts charged is a crime falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. Since the victim expressed his/her wish not to punish the defendant in this court on March 13, 2019, after the prosecution of this case, the victim expressed his/her intention not to prosecute the defendant, this part of the prosecution is dismissed pursuant to Article 327 (6)