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

Punishment of the crime

피고인은 2018. 12. 1. 16:00경 서울 강북구 B, 피해자 C(여, 33세)의 집 앞에서, 피해자에게 층간 소음을 이유로 따져 피해자가 “변태도 아니고!”, “밤 11시 반에, 12시 다돼서 오는 사람이 어딨어요. 변태 아니야 아저씨 ”, “찝쩍대지 마요 변태아저씨”라는 등 항의하자, 이에 화가 나 손에 들고 있던 위험한 물건인 지팡이(길이 약90cm)를 휘둘러 피해자의 왼손과 왼팔을 때려 피해자에게 약 3주간의 치료가 필요한 손목 및 손 부분의 타박상 및 혈종 등의 상해를 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Medical certificate and photographs of the victim's upper part;

1. A criminal report (the analysis of camcos’ images), camping camcos’ video CDs;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of image content submitted by a victim);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. Determination of sentence: Determination of sentence: All the conditions of sentencing indicated in the record, such as the Defendant’s age, character and behavior, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, shall be considered in consideration of the following factors: (a) the Defendant’s dangerous thing was damaged to the victim; (b) the degree of injury to the victim is relatively minor; (c) the Defendant is a disabled person who has difficulty in living; and (d) there is no significant penalty history exceeding the fine; and (e) other conditions of sentencing indicated in the record.