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

피고인은 2013. 3. 15. 13:00경 남양주시 C에 있는 D파출소 앞 다리 밑에서 술에 취한 상태로 평소 좋지 않은 감정을 가지고 있던 피해자 E(56세)이 위 다리 밑에서 쉬고 있는 것을 발견하고 흥분하여 소지하고 있던 위험한 물건인 소주병으로 피해자의 머리를 2회 때리고, 피해자가 넘어지자 발로 피해자의 얼굴을 1회 걷어찼다.

As a result, the Defendant, while carrying dangerous objects, inflicted bodily injury on the victim, such as the victim's internal body, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. A certified copy of medical records; and

1. Emergency medical services log;

1. Application of the investigation report (No. 3) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of bodily injury while carrying a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Sentencing of sentencing under Article 62-2 of the Criminal Act: The scope of final sentencing recommended by sentencing guidelines from one year and six years to fifteen years from imprisonment [type of crime] among the violent crime groups, there is no aggravated element: Reduction element: In light of the following: In light of the fact that there is no reduced element: (a) minor injury or non-aggravating of punishment [the scope of recommending punishment from the lowest limit of punishment in June 1 to two years] mitigation area (the sentencing guidelines from the lowest limit of punishment in June 2): there is no reduced element: (b) violence prior to the determination that there is no reduced element; (c) repeated violence after 2012; (d) the victim’s hair was born at the victim’s hair with dangerous things; (e) there is no agreement between the victim and the victim.