특수상해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 21:30 on December 20, 2019, the Defendant used plastic broom (60cm length, plastic material) which is a dangerous object from the victim's departure, while drinking alcohol with the victim at the residence of the victim D (39 years of age) who had been in a show of time due to the problem of the victim's departure from employment, and sustained the victim's face by continuously drinking the victim's head and other open part of the part requiring medical treatment for about 14 days.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to criminal tools photographs;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for six to five years;
2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).
3. Determination of sentence: In light of the fact that the method of the crime of six months of imprisonment and one-year suspension of execution is dangerous, and the degree of injury resulting therefrom is not easy, the liability of the crime is heavy, but the defendant is the primary offender, the defendant does not want the punishment of the defendant, and the defendant recognizes the error, the circumstances favorable to the defendant are also recognized.
In addition, the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant.