Text
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 21:40 on October 20, 2012, the Defendant, at the Hongcheon-gun Cju station in Hongcheon-do, and around 21:40, the Defendant, while drinking alcohol with the victim D (the age of 60) and drinking alcohol, had the victim drinked, and had the victim drinked for a more drinking alcohol but refused to do so. On the other hand, the Defendant saw the table of beer, beer, beer, beer, and beer, etc. located at the same time, to the victim, and laid down two times the face of the victim two times on the 200c beer, which is a dangerous object, and added two times to the part of the victim, the victim kid and walked two times on the part of the victim, requiring approximately four weeks of medical treatment.
Summary of Evidence
1. Legal statement of witness D;
1. Each police statement of E and D;
1. Each investigation report (field situations, A investigation, D investigation, witness investigation, Category C E statements, and rats);
1. A report on occurrence (general);
1. A medical certificate;
1. Application of statutes on site photographs;
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. The defendant and his defense counsel's assertion on the grounds of the suspended sentence under Article 62 (1) of the Criminal Code (see the reasons of sentencing below) of the Criminal Code, the defendant and his defense counsel asserted that at the time of the instant case, the defendant met the face of the victim who was seated behind the tables and met with the face of the victim, and that the victim's head and face cannot be taken off.
살피건대, 앞서 증거의 요지란에서 든 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 이 사건 당시 피해자가 않아있던 의자는 푹신한 소파이고 그 위에 맥주명과 깨진 맥주잔, 재떨이 안주접시 등이 놓여 있었는데 맥주병은 깨지지 않았고 2개의 맥주잔 중 1개만 밑바닥까지 완전히 쪼개졌으며, 테이블은 의자 왼쪽으로 비스듬하게 넘어져 있던 사실, ② 이 사건으로...