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

Punishment of the crime

피고인은 2019. 12. 23. 19:00 화성시 B에 있는 'C'에서 술에 취하여 피고인의 옆 테이블에 앉아 있던 피해자 D(57세)을 평소 사이가 좋지 않던 지인으로 착각하여 피해자의 뒤통수를 위험한 물건인 소주병으로 내리쳐 피해자에게 21일간의 치료가 필요한 귓바퀴의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, without any justifiable reason, was the victim who was first viewed as the victim as the main soldier, resulting in the injury, the degree of injury suffered by the victim is not less exceptionally, and the fact that the victim did not reach an agreement with the victim is disadvantageous.

However, there is no record of punishment for the same crime since the defendant was punished for the crime of injury in 23 years, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., shall be determined as ordered by considering the following as a whole: the defendant recognized the crime of this case, and the defendant has been punished for the crime of injury in 23 years.