A defendant shall be punished by imprisonment with prison labor 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 2019. 6. 3. 21:08경 경북 울진군 북면 덕구리 105-7에 있는 부구저수지에서, 피해자 B(남, 47세)에게 수차례 “낚시를 중단하고 나와 달라.”고 말한 것이 원인이 되어 피해자와 말다툼을 하던 중, 격분하여 피해자의 멱살을 잡고 "씹할 놈, 좆같은 놈, 자동차 타이어에 펑크를 내고 보트를 칼로 찢어버린다."라고 욕설을 하면서 피고인이 착용한 조끼 주머니에 들어 있던 위험한 물건인 손톱깎이 칼을 꺼내어 피해자의 오른쪽 팔을 3회 긁고 턱 밑을 1회 긁어 피해자에게 약 2주간의 치료가 필요한 우측 전완부의 다발성 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on occurrence, each internal investigation report, and each investigation report;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of type] of violent crime: Special injury [Type 1] Special injury (special person in a form of punishment] - Reduction element: Minor injury [the scope of the recommended punishment and the range of the recommended punishment] mitigation range, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing range] imprisonment for six months and one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable sentencing range, and it is in accordance with the statutory applicable sentencing range).

3. The following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime are revealed in the pleadings of this case.