A defendant shall be punished by imprisonment for nine 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

피고인은 2019. 1. 26. 01:30경 대전 서구 B 지하 1층에 있는 ‘C’에서 술과 안주 등을 먹고 계산을 하기 위해 피해자 D(여, 55세)에게 피고인의 카드를 주었으나 총 금액보다 많은 금액이 결제된 것에 화가 난다는 이유로 갑자기 테이블 위에 있던 위험한 물건인 빈 맥주병을 들고 피해자의 머리를 내리치고 발로 넘어진 그녀의 얼굴과 몸을 수회 걷어찼다.

As a result, the defendant carried dangerous objects and inflicted injury on the victim D, such as cerebral ley which requires treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes to investigation reports;

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 for probation and community service order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Only because the payment has been made in excess, there is no reasonable attempt to pay the city expenses.