A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

피고인은 2014. 2. 2. 20:55경 서울 강동구 C에 있는 ‘D’에서, 친구들과 함께 술을 마시며 군대 이야기를 하던 중 피해자 E(45세)으로부터 “군대도 갔다 오지 않은 네가 뭘 아냐!”라는 말을 듣자 화가 나 그곳 탁자 위에 놓여 있던 위험한 물건인 맥주병으로 피해자의 머리를 1회 내리쳤다.

As a result, the defendant carried dangerous articles and inflicted bodily injury on the head's upper part of the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (the decision of types) of the Act on the Suspension of Execution shall be comprehensively taken into account the following various circumstances: (a) habitual injury, repeated injury, injury by repeated offense, and special injury by repeated offense; (b) mitigation element; (c) minor injury; (d) minor mitigation element [decision of the recommended area] (decision of the suspended sentence] special mitigation element; (e) whether a person is subject to suspended sentence [decision of the suspended sentence]: positive injury; (b) minor injury; (c) non-prosecution of punishment; (d) minor injury; (e) the motive, process and method of the instant crime; (e) the circumstances before and after the instant crime; and (e) the Defendant’s age, character and conduct, career, environment, etc. as shown in the oral argument of this case