A defendant shall be punished by imprisonment for not less than eight months.

except that 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 January 28, 2019, the Defendant loaned money to the victim D(54 years of age) and drinking alcohol at the “C” restaurant located in Syang-si B around 21:00 on January 28, 2019, but the victim refused to do so, and the victim took a dispute with each other. However, the Defendant brought an injury to the victim, such as the victim’s face, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

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 for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal 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 [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: In light of the content of the instant crime, which committed an injury by the victim due to a major soldier who is a dangerous object of two years of suspended sentence in the period of eight months of imprisonment, the crime is not good and the victim seems to have obtained a considerable shock, and the necessity to punish the defendant is recognized.

However, it is difficult to see that the defendant's mistake is divided, that the degree of injury suffered by the victim is important from the medical point of view, that the defendant has agreed with the victim, that he has not been punished for the same kind of crime in addition to the punishment of a relatively minor fine for the same crime.