A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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. 21. 23:25 경 울산 동구 B에 있는 C 식당에서 피해자 D(37 세) 의 일행인 E의 신발에 짬뽕 국물을 튀게 하여 피해자와 시비하던 중 그곳에 있던 위험한 물건인 나무 의자를 양손으로 들고 피해자의 뒷목 부위를 1회 내리치고, 주먹으로 피해자의 얼굴 부위를 수회 때려 피해자에게 17일 간의 치료가 필요한 경추 부 염좌의 상해를 가하였다.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of suspects of D;

1. A photograph of damage and a written diagnosis;

1. Application of investigation reports (Attachment of D submitted screen pictures) and CCTV reproduction CD-related Acts and subordinate statutes;

1. Articles 252-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is likely to be criticized in that the Defendant again committed the instant crime even though he/she was committed several times of violence, the victim’s injury level is relatively minor and there are circumstances to be taken into account, such as the Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the commission of the crime, circumstances after the crime, etc., including the above circumstances, the sentence like the order shall be determined by taking into account the following factors: (a) the execution of the sentence shall be suspended; and (b) community service shall be ordered.