A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2018. 3. 12. 02:00 경 부산 강서구 B 소재 C 식당에서 함께 술을 마시던 피해자 D( 남, 35세) 이 듣기 싫은 말을 한다는 이유로 화가 나, “ 니가 뭘 아는데 개새끼야 ”라고 욕설하면서 손으로 피해자의 뺨을 1회 때리고, 주먹으로 피해자의 얼굴 부위를 수회 때려 바닥에 넘어뜨리고, 위험한 물건인 스테인리스 물병을 들어 피해자의 얼굴 부위를 때리고, 위험한 물건인 철재 가스 바람막이를 들어 피해자의 이마 부위를 때려 피해자에게 약 6 주간의 치료가 필요한 안와 골절상 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. An injury diagnosis certificate (D);

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In cases where: (a) the basic area (six months to two years), the punishment is not imposed (including serious efforts to recover damage), or considerable damage has been recovered, in the scope of the recommended punishment according to the sentencing guidelines; (b) the injury of repeated crimes, the basic area (including six months to two years); or (c) the injury of repeated crimes committed in accordance with the sentencing guidelines;

2. The crime of this case, which is sentenced to sentence, is a situation unfavorable to the defendant, such as the face of a sub-victim who may incur serious bodily injury in the event of a steine lease, which is a dangerous object, and the face of a sub-victim who can incur serious bodily injury, and the nature of the crime is not good, and the victim suffers serious bodily injury that has been transferred to the police.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake, the contingent crime, the fact that the defendant agreed smoothly with the victim and received a letter from the injured party, and other circumstances that are favorable to the defendant's age, sex, environment, family relationship, and crime.