A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

피고인은 2018. 12. 6. 23:30경 서울 구로구 B에 있는 피해자 C(여, 57세)가 운영하는 ‘D’ 주점에서, 피고인의 지인 E과 결혼한 피해자의 딸, 피해자에 대하여 험담을 하다가 화가 나, 피고인의 일행이 밖에 나간 사이 소주병을 들고 피해자에게 다가가 소주병으로 피해자의 머리를 2회 내리치고, 맥주병을 들고 피해자의 어깨를 내리친 뒤 피해자를 넘어뜨려 발로 배 부위를 수회 찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each police statement concerning C and F;

1. C’s statement;

1. Application of the 112 Reporting Report List, the scene of occurrence, and the Acts and subordinate statutes governing the damaged party photographs;

1. Relevant Articles of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the punishment, and reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area of the recommendation [the scope of the recommended area and the scope of the recommendation], the basic area of which there is no repeated crime, special assault (special assaulter] (the scope of the recommendation area and the recommendation), and April through October.

3. The sentence shall be determined as ordered by taking full account of the following circumstances: (a) the behavior of violence, such as getting the victim's head into consideration as a minor person, which is a dangerous thing in the determination of the sentence; (b) the fact that there is a history of punishment several times for the same kind of violent crime; (c) the fact that there is no agreement with the victim; and (d) the circumstances leading to the defendant's commission of the crime; (b) the extent and result of the damage; and (c) the circumstances before and after the crime; and (d) other conditions attached to the