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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, at around 00:03 on August 8, 2020, was under the influence of “C” at the main point of “C,” located in Stitu City B, and was unable to find a proper place in which the Defendant D (ma, 61 years old) was seated, and was in the vicinity of the table.
피해자가 “왜 앞에서 얼쩡거리냐”고 말하자 화가 나서 테이블 위에 놓여 있던 위험한 물건인 500CC 맥주 유리컵을 피해자를 향하여 던져 위 유리컵이 벽에 부딪혔다가 피해자의 이마 쪽으로 튀어나가 피해자에게 치료일수를 알 수 없는 얼굴 부위 열상 등을 가하였다.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police statement on the defendant's legal statement D and the investigation report on the injured part of the victim's injury (C business E's statement);
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 for discretionary mitigation;
1. The sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is without any special reason, and the degree of injury of the victim is not that of the victim.
Provided, That the punishment shall be determined by comprehensively taking into account the fact that the defendant did not directly have a balance of favorable treatment for the victim, the fact that an agreement has been made by paying a reasonable amount to the victim, the fact that there is no particular criminal power and the depth of the defendant.