A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On December 21, 2017, at around 01:00, the Defendant: (a) stated “D” located in C in Jungdong-gu Seoul Metropolitan Government, that “A kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis?

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. A medical certificate;

1. The victim’s upper part of his/her body photograph, the place of occurrence of the case, and the lower part of his/her photograph (the Defendant and his/her defense counsel, the Defendant and his/her defense counsel had left the lower part of the victim, and thereafter, the Defendant left the victim with garbage, and the victim could have left the victim’s chest, and the credibility of the victim’s statement posted thereon is disputed

However, according to the above evidence, the defendant himself stated that he was not the victim's toward the defendant, and the victim in the above case was immediately faced with his head, and the testimony, diagnosis, and photograph of the witness also corresponded to this, so the credibility of the victim's statement is recognized, and the facts charged are proved.

Application of Statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. It is disadvantageous to the defendant to deny and not agree on the crime of sentencing under Article 62-2 of the Criminal Act of the community service order.

However, considering the sentencing guidelines, the degree of damage does not fall under the case of severe damage, and only one time the past fine force is advantageous, and the punishment shall be determined in consideration of sentencing factors in Article 51 of the Criminal Code.