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 this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2014. 12. 17. 05:30경 대구 북구 C에 있는 D병원 36호실에서, 함께 입원하고 있던 피해자 E(50세)가 전날 밤 피고인에게 “저번에는 내가 술을 샀으니 이번에는 네가 사라.”라는 취지로 말하여 기분이 나쁘다는 이유로, 손바닥으로 피해자의 뺨을 1회 때린 다음 피해자로부터 지팡이를 빼앗아 위험한 물건인 위 스텐 지팡이(총길이 100cm)로 피해자의 머리와 손을 수 회 때리고, 주먹으로 피해자의 얼굴을 수 회 때려 피해자에게 약 4주간의 치료를 요하는 우측 제5수지 골절상 등을 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Photographs of stick;

1. In addition to an investigation report (in the case of this case, the defendant denies part of the crime to the effect that he did not commit any more assault against the victim while he was carrying the victim's stick at the time of this case, but considering the victim E's specific and consistent statement and the statement in the certificate of diagnosis of injury, it is sufficiently recognized that the defendant, as stated in the above facts of the crime, carried the victim's head and loss with the victim's stick, and carried the victim's face at about four weeks of treatment, such as the head and loss of the victim's cane of the victim, and carried the victim's head and loss with the victim's cane of about four weeks of treatment. The application of Acts and subordinate statutes is sufficiently recognized.)

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

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 extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act.