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

At around 03:30 on April 24, 2014, the Defendant 13 subway station, as a result of the unification of Jung-gu Seoul Metropolitan City, 13 subway stations, 6 in the underground news report in Jung-gu Seoul Metropolitan City, the Defendant 200: (a) walked to the victim C (the age of 45) and carried out drinking with homeless persons; (b) was the main of the victim, which is a dangerous object, and went back once to the bar of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. 보호관찰 형법 제62조의2 양형의 이유 [유형의 결정] 폭력범죄, 상습상해누범상해특수상해, 제1유형(상습상해누범상해특수상해) [특별양형인자] - 감경요소 : 처벌불원 [권고형의 범위] 징역 1년 6월 ∽ 징역 2년 6월(감경영역) [선고형의 결정] 위험한 물건인 소주병으로 피해자의 머리를 내려쳐 상해를 가한 이 사건 범행의 죄질 및 범정이 좋지 못한 점, 폭력 범행으로 형사처벌을 받은 전력이 많은 피고인이 동종 전과로 인한 집행유예 기간 중에 재차 이 사건 범행을 저지른 점 등은 피고인에게 불리한 정상들이다.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant's health condition is not good due to the liverness, alcohol dependence symptoms, intellectual disability Grade 3, etc., the victim does not want the punishment of the defendant, and the fact that the defendant repents his mistake and reflects his depth.

In addition, the above circumstances include the Defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, and circumstances after crime.