피고인은 2012. 8. 14. 23:00경 대구 서구 C에 있는 D식당에서 그곳에 손님으로 온 피해자 E(37세)와 우연히 합석을 하여 술을 마시던 중 특별한 이유 없이 시비가 되어 F는 그곳에 있던 테이블을 엎어버린 후 위험한 물건인 의자를 들고 피해자의 머리를 10회 때리고 발로 다리와 배부분을 10회 가량 걷어차고, 피고인은 이에 가세하여 바닥에 떨어진 위험한 물건인 소주병을 들고 피해자의 머리를 2~3회 때리고 발로 가슴부분을 2~3회 걷어 찼다.

As a result, the defendant carried dangerous articles jointly with F and inflicted injury on the victim, such as the dynassis of dynasium, which requires medical treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 30 of the Criminal Act;

1. The sentencing reason of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was committed by carrying dangerous articles by the defendant, the victim suffered significant injury, and the damage was not recovered at all, and the defendant was sentenced to a punishment for the defendant in that the defendant was a criminal record of not less than two times of suspension of execution. However, the punishment as set forth in the order shall be determined by taking into account all the conditions of the sentencing as shown in the arguments, including the fact that the defendant was dead and reflectd