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 14, 2013, at around 23:35, the Defendant collected beer disease, which is a dangerous thing that was next to the Defendant, while drinking alcohol with the victim E (year 51) while drinking, due to money problems, etc. in the Gwanak-gu Seoul Special Metropolitan City, and caused injury such as tearing the victim’s back head 3 cm with the victim’s back head knife at one time after drinking the back part of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, F, and E;

1. Application of Acts and subordinate statutes of E of the body photo of the wife;

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 defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") asserts that the defendant was in a state of mental disability under the influence of alcohol at the time of each of the crimes in this case.

In light of the evidence and records, although the defendant was found to have taken alcohol at the time of each of the crimes of this case, it seems that the defendant's ability to discern things or make decisions is weak. Thus, the above assertion by the defendant and the defense counsel is not acceptable.

양형의 이유 [유형의 결정] 폭력범죄, 상습상해누범상해특수상해, 제1유형(상습상해누범상해특수상해) [특별양형인자] - 감경요소 : 처벌불원 [권고형의 범위] 징역 1년 6월 ∽ 징역 2년 6월(감경영역) [선고형의 결정] 아래와 같은 정상들 및 피고인의 연령, 성행, 가족관계, 가정환경, 범행의 동기와 수단, 범행 후의 정황 등 이 사건 기록에 나타난 양형 조건이 되는 사정들을 두루 참작하여, 주문과...