At around 18:00 on May 23, 2012, the Defendant: (a) under the influence of alcohol in Gangdong-gu Seoul Small Square, had weak ability to discern things or make decisions; (b) had one item (2 cm in thickness, 90cm in length) which is a dangerous object in the surrounding area on the ground that the victim E (the age of 31) said that the Defendant would put the victim to cleep the head of the victim from 3 to 4 times to suffered 21 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Witness E;

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

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the head of the victim’s head is each item of the reason for sentencing; (b) there was a risk of causing serious damage to the victim; (c) the victim committed the instant crime even though there was a previous conviction committed for the same kind of crime; and (d) the victim did not recover from damage; and (c) the sentence is reasonable in light of the fact that the victim was not properly punished.

In the above circumstances, the punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the fact that the victim was not punished, the injury of the victim was not severe, the fact that the crime was committed by contingency under the influence of alcohol, motive and circumstance of the crime, the circumstances after the crime, the age, character and conduct, and environment of the defendant.