1. Around 20:30 on June 19, 2018, the Defendant b0: (a) saw the victim C (the 66-year-old), who was citing the words “herfinging grat” from the victim C (the 66-year-old-gu) in front of the north-gu B apartment, and assaulted the victim when 7 times the victim’s face was flated.

2. 특수상해 피고인은 2018. 6. 19. 21:24경 포항시 북구 D에 있는 E 앞 노상에서 위 피해자와 다시 마주치자 특별한 이유 없이 “아가리 닥쳐라”라고 하여 피해자로부터 “제가 뭘 잘못했나요.”라는 말을 듣자 특별한 이유 없이 손에 들고 있던 위험한 물건인 소주 3병이 들어 있던 검정색 비닐봉지를 피해자를 향해 휘둘러 눈 주위를 맞추고, 주먹으로 피해자의 얼굴을 4회 가량 때려 피해자에게 약 2주간의 치료가 필요한 눈꺼풀 및 눈 주위의 타박상 등의 상해를 가하였다.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of C;

1. A written statement;

1. Application of Acts and subordinate statutes to each photograph and diagnostic document;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing up the maximum term of each of the crimes in the above Articles);

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

1. Scope of applicable sentences under law: Six to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Cumulative Bodily Injury) (Type 1) No special injury (Special Bodily Harm) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and six months to two years;

(b) No second crime (decision of types of violence) (decision of types) and violence crime [No one] general violence (specific person) shall be recommended and recommended.