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 became final and conclusive.

Punishment of the crime

피고인은 2015. 4. 14. 13:50경 영주시 C 소재 ‘D식당’에서 피해자 E(47세)와 윷놀이를 하던 중, 피고인이 윷놀이를 속인 것에 대해 피해자가 항의한다는 이유로 옆 테이블 위에 놓여 있는 위험한 물건인 2홉들이 소주병으로 피해자 머리 부분을 1회 내리쳐 피해자에게 약 14일간의 치료를 요하는 안면 및 두피좌상 심부열상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (related to attachment of a medical certificate for an injury);

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 mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing repeated to be favorable)

1. (Scope of Recommendation) Where a minor injury, non-conformity with punishment (including serious efforts to recover damage), or considerable partial damage has been recovered, in the area of special mitigation ( September to February) (including September to June), within the area of special mitigation (a person who has been specially mitigated), under the category of habitual injury, repeated injury, and special injury (a habitual injury, repeated injury, and special injury);

2. [Decision of Sentence] The fact that the defendant was led to confession and reflected by the defendant for two years of probation in one year and six months of imprisonment, the fact that the victim agreed smoothly with the victim, and the extent of the injury in this case is relatively minor, etc.