2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

피고인은 2015. 12. 25. 02:00경 서울 강남구 B 지하1층 ‘C’ 주점에서, 위 주점 출입문 앞 테이블에서 술을 마시던 피해자 D(28세)에게 다가가 “뭘 쳐다보냐, 뒤지고 싶냐”고 하며 출입문 앞에 있던 장식물(가로, 세로 약 1m)을 던져 피해자의 머리, 목과 등 부위를 맞힌 후 다시 의자를 피해자에게 던짐으로써, 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentencing guidelines] the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentencing guidelines] the basic area (two to ten months) of the first category of assault crimes (the decision of sentencing] [the decision of sentence] (the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the order within the scope of recommending sentencing.

o Unfavorable circumstances: Before committing the instant crime, there are several records of having been charged or punished for the same kind of violent crime, and criminal records of having been punished for driving under influence of alcohol, and the Defendant seems to have lost his/her ability to refrain from drinking and to have good habits to commit the instant crime.

o favorable circumstances: The crime of assault in this case was committed and the victim did not have any injury.

There is no previous conviction that exceeds fines for the same kind of violence crime.

The mistake is seriously against it.