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

Punishment of the crime

[Criminal Power] On February 18, 2014, the Defendant, at the Changwon District Court, sentenced four months of imprisonment for the obstruction of performance of official duties, and completed the execution of the sentence in the Changwon Prison on April 7, 2014.

【Criminal Facts】

피고인은 2016. 5. 14. 06:00경 창원시 의창구 H에 있는 ‘I식당’ 근처 J 편의점 앞에서 I 식당 내에서 밥을 먹을 때 피해자 K(23세)이 계속 쳐다본 것이 기분 나쁘다는 이유로 피해자에게 “뭘 꼬라보노.”, “생활을 하냐.”, “눈 앞에 띄지마라.”라고 이야기하면서 손에 들고 있던 위험한 물건인 불이 붙은 담배로 피해자의 오른쪽 눈꺼풀을 지져 피해자에게 약 30일간의 치료가 필요한 우측 상측 눈꺼풀 부위의 2도 화상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A written diagnosis of injury;

1. Previous records: Application of the Act and subordinate statutes on criminal records, etc. and personal confinement status;

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

1. The reason for sentencing [unfair circumstances] under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the grounds for sentencing] of the Act on Discretionary Mitigation and Mitigation (hereinafter referred to as “unfair circumstances”) is that the Defendant had a record of having been sentenced to punishment, etc. for violent crimes; the Defendant committed the instant crime without being aware of it during the period of repeated crime; the damaged part is dangerous; and the method and motive of committing the instant crime are poor [w] agreed with the victim; the victim complained of the Defendant’s wife; and the victim is against it.