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 became final and conclusive.

Punishment of the crime

피고인은 2020. 9. 16. 21:30 경 경북 울릉군 B에 있는 피해자 C이 운영하는 OO 주점에서, 술에 취하여 별다른 이유 없이 맥주병과 유리잔을 피해자를 향하여 던져 피해자의 생명 및 신체에 위해를 가할 듯한 태도를 취하고, 손으로 피해자의 머리카락을 잡고 흔들며 주먹으로 피해자의 얼굴과 가슴을 수회 가격하여 넘어뜨린 뒤 발로 피해자의 몸을 수회 걷어찼다.

As a result, the Defendant inflicted two injury on the victim, which requires treatment for about 15 days, and carried dangerous things, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions of the Criminal Act, Articles 257(1) and 284 of the Criminal Act, Articles 283(1) and 283(1) of the Criminal Act, the choice of imprisonment with prison labor for a crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Inflicting of Determination) and Violence Crimes (Type 1): General injury [Type 1] General injury (the territory of recommendations and the scope of punishment for recommendations], the basic area of punishment, April through June of imprisonment;

(b) Second Crimes (Special Intimidation) / (Special Intimidations) / [Type 4] / Special Intimidation [the territory of recommendation and the scope of punishment], April through June 1, 200.

(c) Scope of punishment recommended according to the standards for handling multiple crimes: From April to February, and from March;

3. Determination of sentence: Imprisonment with prison labor for eight months, the period of suspended sentence for two years, in light of the attitude of and risk to commit the crime, and the punishment shall be imposed with prison labor for not less than one time, and there is no past record of criminal punishment, the degree of damage, the remittance of two million won to the victim in the course of public trial to recover damage, and considering the age, career, etc. of the defendant;