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 August 15, 2013, around 20:07, the Defendant sustained the victim E (the 45 years of age) who works for tree trees at a construction site in the front of the Dart located in the Gunsan-si C, and continued to speak “the owner does not grant any money” on the part of the head of the victim, who is the head of the tree team, and caused the victim’s head one time due to beer disease, which is a dangerous thing that the victim’s face, and caused the victim’s injury, such as satis, whose number of days of treatment cannot be known, due to drinking twice.

Accordingly, the defendant carried a beer, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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 defense counsel's assertion about the defense counsel's assertion under Article 62 (1) of the Act on the Suspension of Execution (the favorable circumstances of sentencing) is alleged to have been in a state of mental disorder under the influence of alcohol at the time of the instant case. However, according to the CD video recorded in the crime of this case, it cannot be seen that the Defendant was aware that he had drinking alcohol at the time of the instant case, but did not have a weak ability to discern things or make decisions. Accordingly, the Defendant's assertion is rejected.

Reasons for sentencing

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. Scope of recommendations according to the sentencing criteria: Special injury (type 1) resulting from violence (the scope of decisions and recommendations in the recommending field) (the scope of decisions and recommendations) in the area of mitigation of punishment, imprisonment with prison labor for not less than one year and six months but not more than two years and six months: ① Insignificant injury, ② Insignificant injury, and the victim does not want punishment (general person).