A defendant shall be punished by imprisonment for not more than ten months.

except that 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 November 30, 2019, at around 23:06, the Defendant left the victim D (year 45) who is a workplace partner in Seocho-gu, Western-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and had a dispute with the victim, the head of the victim, which is a dangerous object, and the victim's head was broken, and caused the victim's death, and the strike led the victim to the victim's loss in the number of days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement of victims in connection with the preparation of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of the degree of injury);

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

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of the recommended sentencing criteria: Imprisonment with prison labor for not less than four months but not more than one year.

(a) Basic crimes: Crimes of special injury [Determination of types] Crimes of bodily injury, injury by special injury and repeated crime [Type 1] Special injury [Special Aggravation] mitigated element: Reduction element of punishment (the area of recommendation and the scope of recommendation): From four months to one year; Imprisonment;

(b) The range of recommendations corrected according to the applicable sentences: Imprisonment with prison labor for not less than six months nor more than one year; and

3. The defendant who was sentenced to sentence had the head of a victim, who was a workplace ward, who was in the influence of alcohol, landed from a sentry;

In light of the method of crime, the risk of crime is not so high that it is not good to commit the crime.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The degree of injury of the victim is relatively serious.

In the investigation stage, the victim does not want the punishment of the defendant in consultation with the victim.

Other arguments in this case, such as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and result of the crime, circumstances before and after the crime, etc.