Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

피고인은 2015. 9. 29. 23:00 경 울산 남구 C 소재 ‘D’ 편의점 앞에서 후배를 훈계하다가 피해자 E(28 세 )로부터 제지를 당하자 이에 화가 나 발로 쓰레기통을 걷어 차 옆에 있던 유리창을 깨뜨린 후 위험한 물건인 깨어진 유리조각을 쥔 손으로 피해자의 얼굴을 때려 피해자에게 약 21일 간의 치료가 필요한 치관 파절 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) the mitigation area (one type of habitual injury, repeated injury, and special injury) (one to two or more years) (one year and six months) ; (b) the punishment of a person who is not subject to special mitigation (including serious efforts to recover damage) or considerable damage is recovered; (c) the punishment of a person who has been punished three times for the same type of violent crime was committed again despite the fact that the person has been punished three times of a fine; (d) other records of the crime; (e) the fact that there are many kinds of crimes or methods are extremely poor; and (e) there was no history of punishment exceeding a fine for about the last ten years since 205; (e) the fact that a person who has suffered damage by agreement with the victim does not violate the punishment of the defendant; and (e) the fact that the order of each punishment is more favorable to the defendant by agreement with the victim.