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 becomes final and conclusive.

Punishment of the crime

피고인은 2015. 7. 30. 03:40경 인천 부평구 세월천로 82 묏골공원 내에서 피해자 C(53세)로부터 욕설을 듣고 화가 나, 그 곳에 있던 위험한 물건인 원형 지주목(길이 약 40cm, 지름 약 4.8cm)을 집어들고 피해자의 머리, 등, 복부, 다리 등을 6회 가량 때려 피해자에게 치료일수 미상의 두부 열상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of the victim C injury;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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 ( Taking into account the fact that it is against criminal conduct, the fact that it is not much weighted and the degree of injury, and the fact that it reaches an agreement with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Determination of Punishment] : Type 1 (Aggravated Infliction of Habitual Injury, Bodi Bodi Bodily Injury and Bodily Injury) [Special Convicted Person] - Where the mitigated element of punishment (including serious efforts to recover damage) or considerable damage has been recovered (decision of the recommended area] / Decision of the mitigated area / [decision of the recommended area] 1 year and six months to two years [the scope of recommendation] - reflects (limited scope of punishment) serious factors of mitigation [limited scope of punishment] applicable provisions of applicable Acts: Three or more years of statutory punishment (decision of sentence] : One year and six years of imprisonment, two years of suspended execution, two years of probation, and probation;