A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is between victim E (49 years of age) and friendship.

피고인은 2017. 8. 1. 19:27 경 양산시 F 피고인의 여동생이 운영하는 ‘G’ 식당 앞길에서 피해자와 지인인 H가 시비하는 것을 말리던 중, 피해자가 나이가 어림에도 H에게 시비를 거는 것에 격분하여 만취한 상태로 균형을 제대로 잡지 못하는 피해자의 얼굴 부위를 힘껏 가격하여 피해자가 그대로 뒤로 넘어져 머리를 그 곳 아스팔트 바닥에 강하게 부딪히게 하고, 이어서 쓰러져 있는 피해자의 허리 부위를 발로 1회 찼다.

As a result, the Defendant caused danger to life by causing the victim, such as making it necessary for the victim to perform an pulmonary surgery of two livers, such as blood transfusions in the two pulmonary traumas, and making it difficult for the victim to walk independently due to brain disease for at least 6 months after the surgery, and suffered injury among the situations that are difficult to regulate daily life and urines.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A medical certificate and a CCTV image to take a course;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a statement of intent to victim E);

1. Grounds for sentencing under Article 258 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The scope of the recommended punishment according to the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] general injury to violence and the absence of two types (the serious injury to the person in charge of special sentencing] [the scope of the recommended punishment] basic area [the scope of the recommended punishment] one year to two years.

3. Determination of sentence: (a) the fact that the victim received brain surgery and received a long-term legacy due to the instant crime, but did not recover from damage up to now; (b) the victim’s family members want to be punished by severe punishment against the Defendant; and (c) the victim has been punished by the suspension of the execution of imprisonment with labor for violent crimes, etc. is disadvantageous to the Defendant.

On the other hand, it is a contingent crime.