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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 23, 2014, from around 00:00 to 01:00, the Defendant expressed a bath to the victim E (the age of 31) in the Danode bank located in Gwanak-gu in Seoul Special Metropolitan City, while under the influence of alcohol, and inflicted an injury on the victim on the number of days of treatment, by making the victim take the head of the victim one time with the beer knife, which is a dangerous thing, the head of the victim’s body at one time with the beer knife and dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant and his defense counsel asserted that the defendant and his defense counsel had a state of mental disability under the influence of alcohol at the time of committing the instant crime.

According to the evidence of this case, although the defendant was found to have drinking at the time of the crime of this case, it cannot be seen that the defendant's ability or decision-making ability was weak due to the fact that he had drinking at the time of the crime of this case. Thus, the above assertion by the defendant and his defense counsel is rejected.

양형의 이유 [유형의 결정] 폭력범죄, 상습상해누범상해특수상해, 제1유형(상습상해누범상해특수상해) [특별양형인자] - 감경요소 : 처벌불원(피해 회복을 위한 진지한 노력 포함) 또는 상당부분 피해 회복된 경우 [권고형의 범위] 징역 1년 6월 ∽ 징역 2년 6월(감경영역) [선고형의 결정] 위험한 물건인 맥주잔으로 피해자의 머리를 내려쳐 상해를 가한 이 사건 범행은 그 위험성이 매우 큰 행위로서 피고인에게 이에 상응하는 책임을...