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

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

Punishment of the crime

피고인은 2016. 12. 24. 21:40 경 인천 서구 C에 있는 D 호프집에서 평소 알고 지내던 피해자 E 등과 함께 술을 마시던 중 피해자가 술에 취해 같이 있던 일행에게 계속하여 욕설을 하였고, 피고인이 이를 말리자 피해 자가 피고인에게 " 넌 이 새끼야 뭐야 "라고 말하며 피고인의 머리를 손으로 툭 건드려 이에 화가 난 피고인은 테이블 위에 있던 위험한 물건인 맥주병( 길이 26cm) 을 집어 들어 피해자의 머리를 1회 내리치고 위 맥주병 파편이 피해자에게 튀게 하였다.

As a result, the defendant injured the victim's left head, eyebrow, left hand, etc. on the number of days of treatment to tear.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (Attachment of relevant photographs);

1. Application of related Acts and subordinate statutes to photographs;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered as favorable factors in consideration of the amount of punishment):

1. Although Article 62(1) of the Criminal Act provides that the extent of damage on the grounds of sentencing (the following factors favorable to the sentencing) under Article 62(1) of the Act on the Suspension of Execution is not easy, the victim does not want the punishment by mutual consent with the victim, and the victim does not have any previous conviction or more than the suspended sentence since 2003, the crime is divided, there are other circumstances that may be considered in the course of the crime in this case, and other factors such as the relationship with the victim, the character, conduct and environment of the defendant, etc. shall