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

On November 21, 2013, at around 00:10, the Defendant heard from the victim D (the son, 78 years of age), who was the mother of the Defendant, who was living together, while drinking alcohol at the Defendant’s house located in Gyeong-gun, around 00:10, and 78 years of age, and brought about a dispute with the victim.

그러던 중 피고인은 피해자가 피고인에게 술을 마시지 말라고 훈계를 하면서 대나무 막대기를 들고 호통을 치자 이에 화가 나 피해자가 들고 있던 위험한 물건인 끝이 뾰족하게 잘려 있는 위 대나무 막대기를 들고 피해자의 머리를 향하여 내리쳐 피해자로 하여금 약 8주간의 치료가 필요한 급성 경막하 출혈의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records (Evidence No. 10 pages);

1. A report on investigation (as to attachment of a medical certificate);

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (2) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;