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

However, 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

At around 17:00 on June 23, 2015, the Defendant came to view “E hotel” in Gangseo-gu Seoul Metropolitan Government D, due to the difference between the victim F(the age of 45) and the tobacco-resistant Baduk.

피고인은 피해자와 말다툼을 하던 중 피해자가 바둑알을 피고인에게 집어 던지자 이에 격분하여 그곳에 있던 위험한 물건인 나무재질의 바둑판(가로 45cm, 세로 42cm, 높이 5cm)을 양손으로 집어든 후 의자 위로 올라가 피해자를 때릴 것처럼 위협하고, 이에 피해자가 머리를 들이 대며 “쳐봐! 쳐봐!”라고 하자 위 바둑판으로 피해자의 머리 뒷부분을 1회 내리쳐 피해자에게 약 90일간의 치료가 필요한 두개골 골절 등의 상해를 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F statement in the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Investigation report (to hear shots G telephone statements);

1. A medical certificate of injury and a medical certificate;

1. Application of statutes on site photographs;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria are not set for special injury or injury by applying the sentencing criteria;

2. The act of making the head from a sentencing is very dangerous. The fact that the victim suffered significant injury due to the instant crime, and that it did not reach an agreement with the victim is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects his mistake, the occurrence of vision occurs while the victim and the Baduk are in the victim, resulting in contingent crimes, and there is no punishment for violent crimes before, and the suspension of execution is higher than that.