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

On November 21, 2013, at around 00:10, the Defendant heard from the victim D (the son, 78 years of age), who was the mother of the Defendant, who was living together, while drinking alcohol at the Defendant’s house located in Gyeong-gun, around 00:10, and 78 years of age, and brought about a dispute with the victim.

그러던 중 피고인은 피해자가 피고인에게 술을 마시지 말라고 훈계를 하면서 대나무 막대기를 들고 호통을 치자 이에 화가 나 피해자가 들고 있던 위험한 물건인 끝이 뾰족하게 잘려 있는 위 대나무 막대기를 들고 피해자의 머리를 향하여 내리쳐 피해자로 하여금 약 8주간의 치료가 필요한 급성 경막하 출혈의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records (Evidence No. 10 pages);

1. A report on investigation (as to attachment of a medical certificate);

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (2) 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. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;