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

피고인은 2018. 9. 12. 23:20경 제주시 B에 있는 피해자 C(47세)의 집 안방에서 피해자와 함께 술을 마시던 중 피해자가 피고인에게 거친 욕설을 하고 피고인의 망부(亡父)에 대해 좋지 않은 말을 하는 것에 화가 나 위험한 물건인 빈 소주병을 들어 피해자의 머리를 1회 내리쳐 피해자의 머리 부위를 찢어지게 하여 피해자에게 치료일수를 알 수 없는 열상을 가하였다.

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. To make a report to the police on investigation of the victim's counter-investigation;

1. Application of each Act and subordinate statute of the relevant photograph;

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

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

1. Reasons for sentencing [the range of sentence imposed under law] Article 62(1) of the Criminal Act (the period of sentence imposed under Article 62(1) of the suspended sentence [the range of sentence imposed under law] - 6 months to 5 years (the case of discretionary mitigation] [the case of discretionary mitigation] - violent crime, special injury, repeated injury, and special injury] - Where a victim has considerable responsibility for the occurrence of a crime even though he/she has minor injury or injured, in the case that he/she is not subject to punishment [the range of recommending punishment] special mitigation area, 6 months to 2 months to 1 year [the range of revised sentence] imprisonment [the range of recommending punishment] under special mitigation area, 6 months to 6 months [the minimum of sentencing sentenced under law is lower than the minimum of applicable sentence under law, so the minimum of applicable sentence under law] - (the case of suspended sentence] - Where a minor injury, victim is fully responsible for the occurrence of a crime - Where he/she carries a dangerous article: A lack of positive social relation with the defendant;