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

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

Punishment of the crime

The defendant and the victim C(52) are those of Chinese nationality who worked as an employee in the "E" restaurant located in Guri-si D.

On December 29, 2016, around 00:40 on the second floor of the above E restaurant, the Defendant took a dispute with the victim due to the use of the toilet with the victim on December 29, 2016, and caused the victim's head on one occasion with a hole tamper (20cm in length) which is a dangerous object in which the victim was pushed down and was in a main room, and caused the victim's injury, such as the heat rupture, for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning C in a protocol concerning the examination of suspect of the police;

1. Application of the relevant Acts and subordinate statutes to the records of seizure and list of seizure, spacker photographs, upper parts of the diagnosis, and descriptions and video records, such as the body and spacker photographs, etc. of the victim;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds repeated) (the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing criteria are not applicable.)

The risk of the crime of this case was significantly high, where the head of the victim was found by a hole spath.

In light of the photographs taken at the time, etc., the body of the victim is not less than that of the victim.

In addition, the crime of special injury in this case requires the sentence of imprisonment to the defendant, since only the statutory penalty provides imprisonment, and the lowest sentence is one year.

However, the punishment shall be mitigated and the execution thereof shall be suspended in consideration of the fact that the defendant led to the crime, the fact that there is no record of criminal punishment in the Republic of Korea, and the agreement with the victim.