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. 6. 28 00:05경 인천 남동구 C에 있는 ‘D’ 주점에서 일행인 E과 무대에서 놀다가 E이 바닥에 떨어뜨린 안경을 찾던 중 피해자 F(39세)과 시비되어 피해자에 의해 반말과 함께 멱살을 붙잡히게 되자 이에 화가 나 그곳 테이블에 놓인 위험한 물건인 맥주병을 들어 피해자의 좌측 머리부위를 1회 내리쳐 피해자에게 약 3주간의 치료를 요하는 머리 부분의 타박상 및 부종, 좌측 귓바퀴의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The police statement concerning G;

1. In the investigation report, each upper part of the body photograph (No. 2, 3, and 6), the injury diagnosis report (No. 9), and the investigation report (a copy of the indictment attached to the victim F) [the defendant only uses the victim's assault as stated in the facts charged in order to oppose group assault from 3 and 4 victims. Thus, one's own act constitutes self-defense or legitimate act. However, the victim's act was consistently asserted that his own act constituted self-defense or legitimate act. However, the G where the victim was working at the stage showed that the victim and H consistently agreed that the victim was faced with dancing between her own and H, and H only stated that the victim and her dispute between her own and the defendant was reached. The victim appears above the upper part of the victim's body, the victim's act of assault was merely self-defense and the defendant's act of use of violence as stated in the facts charged. It is difficult to view that the defendant also used the victim's own act of violence and the defendant's act of violence.

1. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act concerning a crime, the Criminal Act