A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

Punishment of the crime

At around 21:00 on June 12, 2015, the Defendant, at “Dju” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Cheongju, divided it into a problem at the construction site where the victim E (the age of 61) drinks alcohol with the victim E., and, as a result, the Defendant: (a) caused the victim’s face to leep one time with the victim’s face; and (b) caused the victim’s injury, such as an open head cover, where the victim needs to take approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A written confirmation of medical treatment, a written medical examination of injury, and a photograph of the victim's face;

1. Application of Acts and subordinate statutes to report on investigation;

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

1. The defendant and his defense counsel asserted that the defendant under Article 62(1) of the Act on the Suspension of Execution and the defense counsel stated that they had no memory at the time of the crime of this case, and thus, they were in the state of mental disorder or mental and physical disability. Thus, according to each of the above evidence, even though they were found to have drinking at the time of the crime of this case, they did not have the ability to discern things or make decisions.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

양형의 이유 [권고형의 범위] 상습상해ㆍ누범상해ㆍ특수상해 > 제1유형(상습상해ㆍ누범상해ㆍ특수상해) > 기본영역(2년~4년) 처단형과 권고형 비교 형량범위 : 2년~4년 [선고형의 결정] 이 사건 범행으로 인하여 피해자는 좌측 이마 부위를 12바늘 꿰매는 상처 등을 입은 점, 피해자와 합의가 이루어지지 아니하였고, 피해자가 피고인의 처벌을 원하는...