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.

Punishment of the crime

피고인은 2014. 9. 17. 00:05경 포천시 C에 있는 D주점에서 친구 사이인 피해자 E와 함께 술을 마시던 중 동거녀인 F이 피해자에게 귓속말하는 것을 입맞춤하는 것으로 오해하고 화가 나 탁자 위에 있던 위험한 물건인 빈 맥주병으로 피해자의 머리를 1회 때려 피해자의 머리부위가 찢어지게 하였다.

As a result, when the defendant is an empty beer who is a dangerous object to the victim, the defendant was placed in two strings where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of field photographs, standing photographs, and statutes;

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 of the suspended sentence [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodily Injury, Special Bodi Bodi Bodi Bodily Injury) ( September through February 2) (The scope of sentence comparison between minor injury, punishment not to be imposed and the recommended sentence: one year and six months from January 6 to February 6 [Pronouncement Decision]; one year and six months from the suspended sentence; two years and six months from the suspended sentence; and two years and six months from the date of the instant crime; and two years from the suspended sentence, the form, means, and the extent of damage, etc.

However, in light of all the circumstances, such as the fact that the defendant recognized his mistake and divided in depth, that the defendant agreed with the victim, that the defendant has no criminal record of the suspension of execution or more, that the degree of the victim's injury seems relatively minor, and that the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence, and the circumstances after the crime, etc., the punishment as ordered shall be determined.