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 this judgment became final and conclusive.

Punishment of the crime

On August 12, 2015, around 04:50 on August 12, 2015, the Defendant collected beer's disease, which is a dangerous object on the table of the body of the victim, without any justifiable reason, while drinking alcohol together with the victim E (the age of 43) at the D station located in Seocheon-si C, and caused injury to the victim due to the head of the body of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A report on investigation (a statement of the victim or suspect);

1. Application of statutes, such as photographs on damage;

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. As to the Defendant and his defense counsel’s assertion on the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing), the Defendant and his defense counsel asserted that “the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime,” considering all the circumstances such as the background and mode of the instant crime, and the Defendant’s act before and after the instant crime, it does not appear that the Defendant was under the influence of alcohol at the time of the instant crime, but did not seem to have weak ability to discern things or make decisions.

Therefore, the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing guidelines: Reduction of the mitigated area (one to half years from June to June) of one year, two years and six months (the determination of a type): Reduction of the mitigated area (one to half years from June to six months) of habitual injury, repeated crime injury, special injury (Habitual injury, injury, special injury) (one to half years).

3. That the defendant's act of unloading the victim's head from beer's disease is highly dangerous to the defendant;