A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

피고인은 2017. 9. 12. 16:30 경 서울 마포구 B에 있는 ‘C’ 주점에서 혼자 술을 마시던 중, 피해자 D(43 세) 이 나이가 어린 데도 반말을 했다는 이유로 화가 나 위험한 물건인 생맥주 잔 (500cc 크기) 을 피해자의 얼굴을 향해 던져, 위 맥주잔이 피해자의 좌측 귓바퀴 부분에 맞게 하였다.

이로써 피고인은 위험한 물건을 이용하여 피해자에게 14일의 치료가 필요한 좌측 귓바퀴 부분의 열상을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. A report on internal investigation (or the F counterpart investigation of the owner of the main shop), investigation report (a statement of a shot person);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to victim standings and field photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the following: (a) the crime of this case was committed by having the beer balance, which is an object dangerous to the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, and the nature of the crime is not good; and (b) even if there were several records of punishment for the same kind of crime, the crime of this case was committed; (c) the Defendant’s mistake is against himself; (d) the degree of injury of the victim is not relatively heavy; (d) the victim has agreed with the victim; (e) there was no record of punishment exceeding the fine since 203; and (e) the Defendant’s age, sexual conduct, environment, etc., the punishment as set forth in the order shall be determined by taking into account