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 three years from the date this judgment became final and conclusive.

Punishment of the crime

On December 15, 2012, the Defendant was C employee Co., Ltd., and at around 23:10 on December 23:10, 2012, at the “Eoman Bank” located in Kimhae-si, the victim F (the age of 48), etc., the team leader of the said company, was involved in a sudden dispute with the victim, and caused damage to the victim’s right head part of the victim’s left head part one time due to the beer’s disease, which is a dangerous object at which he/she was living in the same place, and continued to gather other beer diseases, which are continuously dangerous objects, and caused damage to the victim’s right head part one time, and caused damage to the victim’s head part in front of the victim’s front part and 2 years.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Damage photographs;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for 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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. The crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") requires a strict punishment against the defendant, considering the following facts: (a) the defendant inflicted a bodily injury upon the victim's head with beer disease; and (b) the defendant has a record of being punished for the same kind of crime in the past.

However, the execution of punishment is suspended by taking account of all the conditions of sentencing as shown in the pleadings of the instant case, such as the Defendant’s confession of the instant crime and his depth against the victim, the fact that the victim does not want punishment by mutual consent with the victim, and the age, character and conduct, intelligence and environment of the Defendant, motive and circumstance of the instant crime, and circumstances after the instant crime.