However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

피고인은 2019. 9. 22. 00:45경 인천 미추홀구 B 앞 도로에서, 술을 마시고 소변을 보던 중 지나가던 피해자 C(26세)이 자신을 쳐다본 것으로 생각하고 피해자에게 ‘왜 꼬라보냐, 내가 안 무서워 보이냐, 내가 좆밥같이 보이냐, 이 문신 안보이냐, 너 같은 새끼 죽이는 것 일도 아니다’ 등의 말을 하며, 가방 안에 소지하고 있던 위험한 물건인 몽키스패너를 꺼내 위 몽키스패너로 피해자의 어깨와 명치 등을 수회 때려 피해자에게 약 20일간의 치료가 필요한 견쇄관절의 골내 타박 및 주위연부조직 손상(좌측) 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six to five years from the date of imprisonment with prison labor for a range of punishment imposed by law;

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

(a) An injury by special injury, or repeated crime, of any type of determined violent crime;

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c) The scope of recommendations and the scope of recommendations and mitigation areas (one year of imprisonment for four months to one year);

(d) Six months to one year from the date of imprisonment with prison labor for the amended range of recommendation (inasmuch as the scope of recommendation is lower than the lower limit of the applicable sentences in law, it shall be in accordance with the lower limit of the applicable sentences in law);

3. Circumstances unfavorable to the decision of sentence: The content of the instant crime, in particular, the degree of danger of dangerous things used by the Defendant, is highly likely to be subject to criticism.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant shall be punished by the victim under an agreement with the victim.