A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2019. 4. 14. 01:00경 광양시 B에 있는 ‘C’ 사무실 안에서, 피해자 D(55세)의 옆에서 그가 훌라 게임을 하는 것을 구경하다가, 같은 게임을 하던 다른 사람에게 귓속말을 하였다는 이유로 피해자로부터 항의를 받자, 화가 나 손으로 피해자의 얼굴을 2회 때리고, 이어서 그곳 바닥에 있던 위험한 물건인 소주병 1개를 들어서 피해자의 머리를 2회 내리쳐 피해자에게 약 3주간의 치료를 요하는 두피 열상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written petition;

1. A photo of the damaged part;

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

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

1. Article 53 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Circumstances unfavorable to the determination of sentence: The conditions of sentencing specified in the pleadings of this case, such as the defendant's age, character and conduct, environment, health conditions, motive and consequence of the crime, etc., which are favorable to the risk of committing the crime of this case, where the head is taken out by a sentry: The defendant is against himself/herself by recognizing his/her mistake, and the defendant has agreed to do so smoothly with the victim, shall be determined as ordered.