A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal Power] On December 15, 2017, the Defendant was sentenced to eight months of imprisonment for a special injury in the official branch of the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on August 13, 2018.

【Criminal Facts】

피고인은 2019. 3. 10. 19:30경 공주시 B C호에서, 피해자 D(43세) 및 E 등과 함께 술을 마시던 중 피해자가 ‘E에게 돈을 안 빌렸다’고 말하며 갚지 않겠다고 하였다는 이유로 격분하여, 방 안에 있던 위험한 물건인 프라이팬을 집어 들어 피해자의 머리를 3회 내려치고 위험한 물건인 가위를 잡아 가위 날의 끝부분으로 피해자의 뒤통수를 1회 찌르고 피해자의 머리채를 잡아 수회에 걸쳐 피해자의 얼굴을 손으로 때리고 피해자의 가슴 등 몸을 발로 찼다.

As a result, the Defendant inflicted an injury on the victim by using the dynaty and the dynade, which are dangerous things, such as a 1 cm window of the lower part below the left side of the back water during the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The victim's photograph, on-site photograph (the victim's upper part, dives, pande, dives, etc.);

1. Previouss before and after judgments: Criminal records, inquiry reports, decisions, and the application of Acts and subordinate statutes to the acceptance status of individuals;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes; 2. Special injury, injury by repeated crime [Type 1] for special injury (special mitigation] [the area of recommendation and the scope of recommendation] mitigated area; 4 months to 1 year; and

2. The most favorable circumstance is that the degree of injury to the sentence is very heavy and the victim does not impose punishment.

However, the defendant has a strong possibility of criticism because he had a significant blood relative to the victim even if he did so, and even in the field pictures, he had a considerable influence on the victim.