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

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

Punishment of the crime

피고인은 2017. 7. 5. 20:46 경 제주시 B에 있는 C 상회 앞 도로에서, 윷놀이 참가 문제로 피해자 D(64 세) 와 다투던 중 화가 난다는 이유로, 위험한 물건인 나무의 자로 피해자의 뒷머리를 3회 가격하여 피해자에게 약 30일 간의 치료를 필요로 하는 치아의 아 탈구상 및 두피 열상을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (including the fact that the defendant is against his/her will, the crime of the same kind has not been committed for about 17 years after he/she was subject to criminal punishment of a fine of about 500,000 won due to a violation of the Punishment of Violences, etc. Act in 190, and the fact that the victim has deposited one million won as his/her truster, etc.);

1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);

1. The community service order under Article 62-2 of the Criminal Act;