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

except that 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 2013. 5. 2. 01:05경 영천시 C에 있는 ‘D’ 식당에서, 함께 술을 마시던 피해자 E(54세)과 말다툼을 하던 중 화가 난다는 이유로 그곳 탁자에 있던 위험한 물건인 스테인레스제 물컵을 탁자에 던져, 물컵이 탁자에 튕겨져 나가면서 피해자의 머리에 맞게 하여 피해자에게 약 2주간의 치료가 필요한 두피 열상을 가하였다.

Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Although the punishment should be strictly imposed in light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter "Suspension of Execution") inflicts an injury on the victim as dangerous things, considering the following factors: the defendant's mistake is against himself/herself; the defendant has agreed with the victim; the defendant's age, character and conduct; the environment; the motive, means and result of the crime; and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the