A defendant shall be punished by imprisonment for not less than one year and 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

At around 23:00 on July 10, 2014, the Defendant, within the D convenience store located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul-do, where drinking together with the victim E (the age of 49), collected the victim’s head by cutting the victim’s head once while drinking alcohol, and made the victim’s shoulder one time by taking the victim’s head into consideration, and caused the victim’s injury, i.e., having the victim’s shoulder reduced the number of days of treatment to cut down, and having the victim escape down.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (on-site exit status, etc.);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

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

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years. (Special mitigationist: Minor injury);

3. Determination of the sentencing criteria and the suspension of execution shall be determined by discretionary mitigation of the sentence against the accused within the scope of the sentencing criteria, in consideration of the fact that the accused acknowledges and reflects his/her mistake, the injured person is minor, the accused has no record of criminal punishment exceeding the fine, the accused’s age, character and conduct, family relationship, health conditions, etc.