A defendant shall be punished by imprisonment for six months.

except that 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 and the victim B (the age of 47) are the boomed in the middle of August 2018.

피고인은 2018. 10. 4. 21:00경 동두천시 C에 있는 피해자의 집 앞에서, 피해자가 집으로 가라고 하자 화가 나 그곳에 있던 위험한 물건인 양철통(가로 40cm × 세로 40cm × 높이 60cm)을 집어 들고 피해자의 좌측 머리 부분을 1회 내리쳐 피해자의 두피가 약 7cm 찢어져 8바늘을 꿰매게 하는 치료일수 미상의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] [the grounds for discretionary mitigation] of Article 62(1) of the Act on the Suspension of Execution [the scope of recommending punishment] The area of mitigation (4 to 1 year), the area of mitigation (4 to 1 year), the area of mitigation (special mitigation] of punishment [the defendant's decision on the sentence] of the crime of this case is the defendant's injury in consideration of the head of the victim who has disturbed with himself/herself with a dangerous article, and the nature of the crime and the nature of the crime are not easy.

However, the fact that the defendant's mistake is recognized and seriously against the defendant, the victim does not want the punishment of the defendant, the fact that the defendant does not have any record of being punished for the same kind of crime, and other various conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, contents and result, circumstances after the crime, etc., and the scope of recommended sentencing guidelines for the enactment of the Sentencing Committee shall be