Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2019. 12. 10. 22:10 경 창원시 마산 합포구 B에 있는 C 이라는 상호의 노래방의 무대에서 노래를 부르고 있을 때 피해자 D( 남, 58세) 가 피고인의 다리를 찼다는 이유로 화가 나 위험한 물건인 플라스틱 재질의 맥주 박스를 들고 피해자를 향해 휘둘러 피해자에게 약 14일 간의 치료가 필요한 눈 주위의 열린 상처 등 상해를 가하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on internal investigation (attaching photographs, etc. on the upper part of the body);
1. Application of Acts and subordinate statutes on requests for appraisal;
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 in light of the circumstances favorable to the attention) of the mitigated amount;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing has been repeated for a favorable reason)
1. Scope of punishment by law: Six months to five years;
2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury [including the scope of the recommended punishment], mitigation area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the applicable sentencing range of the law is applicable).
3. Prosecutor's opinion: Six months of imprisonment and one year of suspended execution;
4. The Defendant rendered a sentence of sentence imposed an injury upon the victim, who had a beer of beer, requiring medical treatment for about 14 days.
Abrupted around the snow could cause more severe damage.
The defendant has been punished several times for violent crimes.
However, the defendant recognizes the crime.
No further violence was exercised.