A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 20, 2015, at around 23:30 on June 20, 2015, the Defendant, while drinking at “Dwon” located in Dobong-gu Seoul Metropolitan Government, dumpboard (45 cm, 40 cm in length, 5 cm in thickness) with the head of the victim E (72 years in age) who sought a embankment, was frightd to commit assault against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing Baduk photographs and victim standing photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Where the range of recommendations on the sentencing guidelines [the range of recommendations] and the range of crimes of assault (the range of recommendations] are mitigated (the period of four months to one year), the area of mitigation (the period of special assault) (the period of imprisonment for four months to one year), the punishment not (including serious efforts to recover damage), or considerable damage has been recovered;

3. The circumstances unfavorable to the defendant, such as the circumstances leading the defendant to the crime of this case, the method of committing the crime, the victim's injury level, and the fact that the defendant had been punished for the same kind of crime nine times, etc., or the defendant has a character of and reflects his own crime, and the defendant has reached an agreement with the victim on September 12, 2015, which was after the prosecution of this case, and other circumstances shown in the arguments of this case, such as the defendant's age, family relation, tendency, etc., shall be determined as per the order.