A defendant shall be punished by imprisonment for one year.

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 2019. 6. 11. 17:30경 안성시 B에 있는 C휴게소 D 2층 식당에서, 식탁에 앉아 식사를 하고 있던 직장 동료인 피해자 E(41세)이 평소 자신에게 텃새를 부린다고 생각하고 격분하여 그곳에 있던 위험한 물건인 식탁 나무 의자를 들어 피해자를 향해 던져 피해자에게 약 2주간의 치료가 필요한 뇌진탕 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A photographic injury, and on-site photograph;

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 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant injured the victim with dangerous things, and did not receive a letter from the victim, and that there was a large number of criminal records, is disadvantageous.

However, considering the favorable circumstances that the defendant reflects the crime, and that the degree of injury of the victim is not serious, the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions as shown in the trial process of this case.