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 becomes final and conclusive.

Punishment of the crime

The defendant is a company member who is a victim C(30 years of age) and a family member.

피고인은 2013. 5. 8. 01:50경 충남 천안시 서북구 D에 있는 ‘E’ 주점에서 선배인 F과 말다툼을 하고 있던 중 피해자가 이를 말리자 화가 나 그곳 탁자 위에 놓인 위험한 물건인 소주병으로 피해자의 머리 부위를 1회 내리치고, 피해자가 바닥에 쓰러지자 발로 피해자의 배 부위를 1회 걷어찼다.

As a result, the defendant carried dangerous objects and carried about about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. A death diagnosis report, report on the occurrence of a case, on-site photographs, and photograph of the head of a household;

1. Application of Acts and subordinate statutes to investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Jan. 1, 2007);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

[Determination of Punishment] Reasons for Sentencing (Determination of Punishment] In the event of habitual injury, repeated crime injury, special injury [Special Contributor] - In the event of habitual injury, repeated crime injury, special injury [Special Contributor] - In the area of mitigation (including serious efforts to recover damage) or considerable damage, [Determination of the area of recommendation] / [Determination of the area of mitigation] one year and six months to two years [the scope of recommendation] [general person] - In the case of serious damage factors of mitigation [the scope of applicable punishment] applicable provisions: Three years to thirty years: the range of punishment statutory aggravated or mitigated: 30 years (whether suspended sentence is suspended] - The main reasons for mitigation are positive.