A defendant shall be punished by imprisonment for one year.

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 2020. 1. 24. 12:45경 수원시 장안구 B에 있는 ‘C’에서, 피고인이 화장실에서 담배를 피우는 것을 지적한 피해자 D(63세)의 일행 E과 말다툼하던 중, 피해자가 만류하는 것에 화가 나서 그 곳 식당 냉장고 위에 놓여져 있던 위험한 물건인 소주병을 오른손으로 들어 피해자의 좌측 옆 머리를 1회 때려 그 병이 깨졌고, 계속하여 피해자가 피고인의 오른손을 잡고 깨진 소주병을 빼앗으려 하자 피고인은 손목을 비틀어 위로 확 빼면서 피해자의 우측 새끼 손가락과 좌측 귀를 베어 약 14일간의 치료를 요하는 귓바퀴의 열린상처의 상해를 가하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs injured by victims and field pictures;

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

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

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. The crime of this case, which was determined by the sentence, is serious when considering the background, method, and result of the crime, etc. as to the victim who had no awareness of being the victim of this case committed by the defendant as the victim of this case, and the defendant is punished by a fine for the same kind of crime.