A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 29, 2019, around 00:50 on July 29, 2019, the Defendant saw the horses from the victim D (Name and age 51) who had drinking together at the house ward C located in Chungcheongnam-gun B. However, the Defendant saw the victim’s head as a dangerous object in drinking, and inflicted an injury on the victim’s head, such as a two-way open wife where the date of treatment cannot be identified.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each internal investigation report and each investigation report;

1. Medical records in a hospital;

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six months to five years;

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment] the special injury [the category 1] the special injury [the special person concerned] - the mitigation element: In cases of minor injury, non-influor (including serious efforts to recover damage) or considerable damage (the scope of the recommended punishment and the scope of the recommended punishment] the special mitigation area, two months to one year [the range of the recommended punishment corrected by the applicable punishment] the imprisonment with labor for six months and one year (the lowest limit of the sentencing range recommended by the applicable punishment is inconsistent with the statutory minimum limit of the applicable punishment).

3. Determination of sentence shall take into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and all sentencing factors expressed in the pleadings of this case, such as the circumstances after the commission of the crime, and the sentence shall be determined as ordered and the execution of the sentence shall be suspended on the condition that the community service order is faithfully observed.