Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence subparagraph 1 shall be forfeited from the accused.
Reasons
Punishment of the crime
피고인은 2015. 4. 20. 16:30경 강원 철원군 C에 있는 D주점에서 평소 알고 지내던 피해자 E과 술을 마시다가 말다툼을 하고 그 과정에서 피해자로부터 폭행을 당하자 화가 나 테이블 위에 있던 위험한 물건인 빈 소주병으로 피해자의 얼굴 부위를 1회 때려 피해자의 왼쪽 눈썹 부위를 여덟 바늘 꿰매도록 찢어지게 하는 등 치료기간을 알 수 없는 상해를 가하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Police seizure records;
1. Application of Acts and subordinate statutes to police investigation reports (Attachment of photographs of the damaged body/Attachment of Seized Articles);
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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending sentence] Special Injury / [the scope of recommending sentence] the mitigation area (one year and six months to six months): the punishment penalty is not imposed (including a serious effort to recover damage): The sentencing range compared with the recommended sentence: one year and six months from June to six months [Pronouncement Decision] imprisonment; one year and one year and six months from June 1 year to six months; the victim and the victim are agreed upon. Unfavorable circumstances: The defendant's age, character, intelligence and environment; relationship with victims; the motive, means and consequence of the crime; and other factors such as sentencing under Article 51 of the Criminal Act, including the circumstances after the crime, etc. are considered as above. The defendant's age, character, intelligence and environment; the victim; the victim's motive and consequence of the crime; the victim was committed as the main illness; the victim was again committed during the same period of probation; and the sentence is not bound in the present period of probation. It is decided as above on the grounds of above consideration.