A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 27, 2018, at around 23:30, the Defendant suffered injury to the left-hand side of the second government type, etc. in need of approximately two weeks of treatment, by making two times the head of the victim with the victim D (38 taxes) who had drinking alcohol and the news reporting block (24 cm in length) which is a dangerous object, in the middle-gu Incheon Metropolitan City’s clothes sales store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order / The scope of recommendation / The scope of special injury (Type 1) [4 months - 1 year] mitigation area: The person who is not subject to special mitigation of punishment / 1 year: the defendant's legal hostile tendency has increased recently.

술자리 시비를 이유로 초면의 피해 자를 으슥한 곳으로 끌고 와 육중한 벽돌을 휘두르는 폭력성은 피고인에게 내재된 반사회성의 크기를 짐작케 한다.

However, it shall be carefully treated in society in consideration of the weight of mitigated persons and the concern about infection of inmates when they are to be punished by confinement.

The punishment of six months shall be determined within the scope of the recommended punishment, but the execution shall be suspended for a period of two years on condition that protection and observation for the prevention of recidivism and community service work are provided.