On January 1, 2015, the Defendant: (a) around 01:30 on the street in front of the F cafeteria operated by the victim D (year 59) E, the pet of the victim D (age 59); (b) on the ground that the victim and E had been drinking alcohol in the said cafeteria, the Defendant brought an injury to the victim, such as two open wifes where the victim needs to receive approximately three weeks of medical treatment.

Summary of Evidence

1. The legal statement of witness D and E;

1. Application of Acts and subordinate statutes to the 112-Report case handling table, on-site photographs, and death diagnosis report;

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;

2. The defendant and his defense counsel asserted that the defendant and his defense counsel had a state of mental disability under the influence of alcohol at the time, under Articles 53 and 55(1)3 of the Criminal Act.

According to the testimony, D's legal statement, etc., the defendant is found to have drinking at the time of the crime in his judgment, but there was no ability to discern things or make decisions due to such fact.

It does not seem to have reached a state of or weakness.

Therefore, the above argument is not accepted.

Reasons for sentencing

1. Recommendations based on sentencing standards;

(a) Type I (two years to four years) of the basic area (two years) of habitual injury, repeated injury, special injury (a habitual injury, repeated injury, special injury) within the scope of the recommended sentence;

(b) No special person;

2. In light of the fact that the part of the head of the victim who was sentenced to the sentence is the head of the body, and the victim has consistently made a statement from the investigative agency to this court that there is a crime, and there is no room for false representation in the statement, etc., the defendant has the victim injured the victim by breaking the part of the head of the victim as above.