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

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

Punishment of the crime

피고인은 B와 2019. 12. 19. 01:00경 통영시 C에 있는 ‘D’ 주점 내에서 피해자 E(남, 30세)의 일행인 F이 B가 부르고 있던 노래 반주를 끈 일로 시비가 되어 B가 F을 때리고, 이에 피해자가 말리기 위해 다가오자, B는 주먹으로 피해자의 얼굴 부위를 1회 때리고, 피고인은 피해자가 바닥에 주저앉자 테이블 위에 있던 위험한 물건인 소주병으로 피해자의 정수리 부위를 2회 내려치고, 계속하여 피고인과 B는 주먹으로 피해자의 얼굴 부위를 수회 때리고, 발로 피해자의 몸통 부위를 수회 찼다.

As a result, the Defendants conspired in collusion and carried dangerous objects with the victim, thereby causing injury to sugars without two internal measures, which require more than two weeks of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the defendant's written statement, the prosecutor's statement, the prosecutor's statement statement E (No. 21)

1. Articles 258-2 (1), 257 (1), and 30 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).

3. Determination of sentence: Ten months of imprisonment, the extent of assault (Probation, community service, 120 hours) is serious, the method of crime is dangerous, the crime is committed during the period of suspended execution, and the last five years;