피고인은 2018. 7. 18. 05:10경 부산 사하구 B에 있는 C 2층 야외 테이블에서, 담배를 피우는 피해자 D(20세), E(여, 20세)의 일행들과 시비가 되어 욕설을 하던 중, 피해자 D이 다른 테이블에 앉아있던 피고인을 발로 차자 화가 나, 그곳에 있던 위험한 물건인 의자를 들어 피해자들을 향해 던져 피해자 D의 머리를 맞춘 뒤, 그 의자가 튕겨 피해자 E의 왼쪽 날개뼈 부위를 맞추게 하였다.

In the end, the Defendant carried a dangerous person with the victim Eul, who was unable to know the number of treatment days when the head is teared, and assaulted the victim E.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV images to a course;

1. Articles 258-2 (1), 257 (1) (a point of special injury) and 261 and 260 (1) (a point of special violence) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for any crime of special injury heavier than punishment);

1. On February 18, 2016, the Defendant was sentenced to imprisonment with prison labor for the same kind of crime at the Busan District Court on February 18, 2016, and was sentenced to three years and six months of the suspended sentence, and committed the instant recidivism even though he was under the suspended sentence.

However, first of all, the victim's use of violence against the defendant, and the defendant seems to have suffered a serious injury due to violence from the victim's side.

In full view of these circumstances, the sentencing conditions indicated in the records of this case, including the background of the crime of this case, the circumstances after the crime, the age, happiness and state of health of the defendant, etc., shall be determined as ordered.