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

Punishment of the crime

At around 19:00 on July 10, 2019, the Defendant, while drinking alcohol together with the victim D (year 56) in the Daejeon-gu C cafeteria, Daejeon-gu, Daejeon-gu, on the ground that he acted for the victim's misperception, he saw the head of the victim several times with the beer disease, which is a dangerous object on the table, and led the two heats where the treatment period cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Reporting on the arrest of a case and investigation;

1. Application of Acts and subordinate statutes, such as the scene of crimes and victims;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for six to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (the special person concerned] mitigated element: In cases where punishment is not imposed (including serious efforts to recover damage), or partial damage to the injured party is recovered, [ the scope of the recommended sphere and the scope of the recommended sentence] mitigated range, four months to one year [the scope of the recommended sentence corrected by the applicable sentences] sentenced to six months to one year (the minimum limit of the sentencing range recommended by the sentencing guidelines in law is inconsistent with the minimum limit of the applicable sentences under law, so the minimum limit of the applicable sentences in law is applicable).

3. Determination of sentence: Imprisonment with prison labor for eight months: the defendant has been divided in depth by mistake, the victim has not been seriously injured, the victim has not want to punish the defendant, the defendant has no record of the same crime, and the social ties relationship is evident, such as the defendant's engaging in driving duty, etc.

However, the crime of this case refers to the defendant's drinking together with the victim who is a succeeding ship, and the victim is the defendant of ordinary times, who caused him to be killed.