피고인은 2018. 2. 21. 08:00 경 공주 교도소 C 실에서 독서를 하다가, 같은 방에 함께 수감 중인 피해자 D(34 세) 이 피고인의 독서에 방해가 되도록 주변을 서서 맴도는 것과 관련하여 말다툼을 하던 도중 화가 나, 볼펜으로 피해자의 머리 부위를 수회 내려찍어 피해자에게 약 2 주간의 치료가 필요한 머리의 기타 부분의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Injury (general injury) in the basic area (from April to one year and six months) (no person in special sentencing)

2. Although the period of treatment of the victim for the determination of the sentence is not long, the number of crimes with the victim’s head on the pen is cruel, and the result is not less exceptionally even if the victim’s photograph was taken at the time.

In addition, the defendant has a record of having been subject to suspension of indictment due to a crime of bodily injury during the prison.

In consideration of these points, the sentence shall be selected, and considering the fact that the defendant recognized his mistake and is in profoundly against his depth, the defendant's age, sex, environment, and circumstances after the crime, and the various sentencing conditions specified in the records and trial process shall be comprehensively considered, and the sentence shall be determined as ordered.