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

피고인은 2014. 3. 18. 15:30경 전남 해남군 C장터의 D 앞 노상에서 윷놀이를 구경하던 중 피해자 E(남, 42세)과 함께 윷놀이에 돈을 걸어 이기게 되자 피해자에게 “10만 원을 돌려달라”라고 하였으나 피해자가 이를 거부하자 화가 나 피해자의 멱살을 잡아 넘어뜨린 후, 그 곳 공터에 있던 위험한 물건인 나무(길이 86cm , 지름 7cm )로 피해자의 머리를 내리쳐 피해자에게 약 4주간의 치료가 필요한 두개골바닥의 골절 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to clothes and monmons photographs of complainants;

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] There is no basic area (two to four years) of types 1 (two-four years) (two-four years) (the term of sentence] of habitual injury, repeated injury, and special injury [the term of sentence] [the term of sentence] - one year and six months of imprisonment, three years of suspended sentence, three years of suspension of execution, community service work 120 hours (the term of sentence in this case] - The defendant suffered an injury requiring four weeks of medical treatment by taking the head of the victim into a seal monet, which is dangerous to the defendant, and the nature of the crime is not very good, and the defendant is not required to receive a letter from the victim. In full view of the above, the defendant should be punished strictly.

However, the defendant deposited 2 million won for the recovery of the victim's damage, considering all of the factors of sentencing, such as the fact that the defendant is aged, that the defendant has no criminal records of suspended execution or more, and that the defendant has no criminal records of suspended execution or more, character and conduct, environment, and circumstances after the crime.