Text
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 became final and conclusive.
Reasons
Punishment of the crime
피고인은 2014. 6. 6. 23:00경 구리시 C 소재 D 주점에서 옆 테이블에서 혼자 술을 먹던 피해자 E과 합석하여 술을 마시다가 피해자로부터 맥주병으로 머리를 톡톡 맞자 화가 나 맥주병을 빼앗은 다음 그 맥주병으로 피해자의 머리를 내리쳐 피해자에게 치료기간 불상의 두부 열상 등의 상해를 가하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol regarding E;
1. Application of Acts and subordinate statutes on site photographs and suspect E-Assault photographs;
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 sentencing under Article 62 (1) of the Criminal Act (including the fact that there exists no record of punishment for violent crimes, the victim does not want the punishment of the defendant, and some of the circumstances that may be taken into account in the course of the crime of this case, etc.) of the Act on the Suspension of Execution [Scope of Recommendation] There is no sentence for habitual injury, repeated injury, special injury (Habitual injury, Bodily Injury, Bodily Injury, Special Bodily Injury) in the mitigation area (1 year and six months to six months) (1 year and six months), in the mitigation area (1 year and six months), [decision of sentence] [decision of sentence] imprisonment with prison labor for