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

At around 08:40 on July 11, 2014, the Defendant: (a) 3rd floor toilets located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), on the ground that the victim E is not in mind, under the influence of alcohol, and (b) on the ground that the victim E is not in mind, the Defendant left the part of the victim’s head once by unloading the part of the victim’s head, which is a dangerous object, and 2 times the victim’s face by drinking, and (c) again, on the ground of the above shouldered softener’s disease, the Defendant threatened the victim with the part of the victim’s face by threatening the victim, and led the victim to the said defected so that the victim would prevent it.

As a result, the defendant carried dangerous goods and carried them, thereby making it difficult to know the number of days of treatment to the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports and photographs on damage;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defense counsel on the assertion of defense counsel under Article 62-2 of the Social Service Order Criminal Act asserts that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the instant case. Thus, according to the above evidence, although the defendant was recognized as having a little amount of drinking alcohol at the time of the instant case, he did not have the ability to discern things or make decisions due to it.

Since it seems that the defense counsel seems to be in a state or weak condition, the above assertion by the defense counsel is rejected.

양형의 이유 o 법률상 처단형의 범위 : 징역 1년 6월 이상 o 양형기준상 권고형의 범위 : 징역 2년 ∽ 4년 [폭력범죄군, 상습상해누범상해특수상해, 제1유형, 기본영역] o 선고형의 결정 취중 우발적 범행, 비교적 경미한 상해, 초범, 피해자와...