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

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

Punishment of the crime

On May 3, 2020, the Defendant: (a) around 22:30 on May 3, 2020, around C, on the ground that the victim D (son, 53 years old) who operates the place was the Defendant disputing the other customers, and (b) the Defendant was able to catch beer disease, which is a dangerous object on the table, in his hand, and was knife of the victim.

As a result, the defendant suffered injury to the victim, which requires approximately three weeks of treatment, to close the bones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written diagnosis of injury in each police statement made to D or E;

1. Application of Acts and subordinate statutes to each photograph (the scene of occurrence, face of a victim, and part of injury, beer disease);

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. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service order, and order to attend lectures, and Article 59 of the same Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury (including the scope of the recommended punishment) or considerable damage therefrom: In the event that the mitigated area of punishment is mitigated, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range), and thus, the statutory applicable sentencing range is set according to the minimum limit of the applicable sentencing range);

3. Determination of sentence: Imprisonment with prison labor for 10 months and 2 years of suspended sentence (in light of the applicable law to the crime of this case and the degree of damage, etc., the criminal defendant has committed the same violent crime in the past and has been punished by imprisonment with prison labor or a fine on several occasions, etc., which are disadvantageous to the criminal defendant;

However, on the other hand, the defendant is in this case.