A defendant shall be punished by imprisonment for six 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

On September 21, 2019, the Defendant, at around 02:10, c “C” located in Seongdong-gu Seoul Metropolitan Government on September 21, 2019, brought the victim’s head one time, citing 15cm ( approximately 15cm in length, about 10cm in height, and about 5cm in thickness) a dangerous object that had been put to the said restaurant hold in the said restaurant in the hands of the victim D (Nam and 50 years of age).

As a result, the Defendant assaulted the victim with dangerous objects, and caused the victim to have a tear of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographss, photographs of the instrument of crime, damaged parts of the crime, and the closure of the crime situation, photographs, and records of the crime;

1. Application of Acts and subordinate statutes to report on investigation (investigation into the size of stones used by a suspect, and confirmation of the fact of injury to a victim);

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. 집행유예 형법 제62조 제1항 양형의 이유 불리한 정상: 피고인이 돌로 피해자의 머리를 내리친 행위는 위험성이 매우 큰 점, 피해자는 머리를 3바늘 꿰매는 치료를 받았는바 상해의 결과가 가볍다고 볼 수 없는 점 유리한 정상: 피고인이 자신의 잘못을 뉘우치며 반성하는 점, 피해자와 합의한 점, 동종 범행으로 처벌받은 전력은 없는 점 그밖에 피고인의 나이, 성행, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 양형조건을 참작