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 of the final judgment.

Punishment of the crime

피고인은 2014. 9. 1. 04:30경 서울 영등포구 C에 있는 D호텔 앞 노상에서 술을 마시다가 일행인 E이 자신을 무시하는 말을 하였다는 이유로 그와 시비하던 중 이를 본 피해자 F(29세)이 피고인을 말리자 화가 나 “니가 뭔데 날 말려 개새끼야!!”라고 욕설을 하면서 주변에 있던 위험한 물건인 맥주병(높이 17cm, 지름 6cm)을 집어 들고 피해자의 머리를 내리치는 등 구타하여 피해자에게 치료일수 미상의 두부열상 등의 상해를 가하였다.

As a result, the defendant injured the victim by dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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. 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 of the Social Service Order [Scope of Recommendation] Where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months to six months), the punishment not (including advanced efforts to recover damage), or considerable damage has been recovered (20 hours (1 year and six months of imprisonment with prison labor), the probation period of two years, the community service order of 120 hours (120 hours (2 hours to commit violent crimes of the same kind; 3.0 hours to a disadvantage), the victim is not subject to the punishment of the defendant; 4.1 year and six months, the probation period of two years, the community service order of 120 hours (3 hours to a disadvantage, such as the fact that there is records of committing violent crimes of the same kind