A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 27, 2020, at around 22:45, the Defendant, at “C” of the Jung-gu Seoul Central Underground 1st century, performed alcohol with the victim D (the age of 49) and had an empty beer disease, which is a dangerous object on the table without any justifiable reason, toward the head of the victim, and caused the victim to tear down the part adjacent to the water treatment day, in which the number of treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Standing photographs of the upper part, on-site photographs, and criminal tools and photographs;

1. Application of Acts and subordinate statutes to a report on investigation (pine E telephone call);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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. 집행유예 형법 제62조 제1항(아래 양형의 이유 중 유리한 정상 참작) 양형의 이유 피고인이 술을 마시다 갑자기 맥주병을 피해자의 머리를 향해 던져 피해자가 머리 부분에 3바늘 정도 꿰맬 정도의 상해를 입었는바, 피해 정도 가볍지 않고, 그 행위 자체의 위험성에 비추어 죄질은 좋지 않다.

However, the defendant and the victim have been aware of over 30 years, and the victim does not want criminal punishment by smoothly reconciliation after the case.

There is no record of committing the same kind of crime except that sentenced to a fine due to violent crimes in 2008, and there is no record of criminal punishment heavier than a fine.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as ordered.