A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

피고인은 2019. 8. 9. 21:25경 군산시 B여인숙 C호실 내에서 피해자 D가 화장실을 가다가 “야 씨발놈아 뭘 쳐다보냐”라고 욕설을 하면서 시비를 걸었다는 이유로 위험한 물건인 소주병을 소지한 채로 피해자의 방으로 찾아가 소주병을 손에 들고 피해자의 머리 부위를 향해 1회 내리쳐 피해자에게 약 2주간의 치료가 필요한 열린 두개내상처가 없는 진탕, 두피의 열린 상처 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. On-site and photographs of damage;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the person in special form] the special injury [the person in special form] the mitigated element] - the mitigated element: the mitigated area of punishment (including serious efforts to recover damage) or a considerable partial damage [ the scope of the recommended punishment and the scope of the recommended punishment revised according to the sentencing guidelines] one year [the scope of the recommended punishment revised according to the sentencing guidelines] imprisonment for 1 year (the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, and thus there is no person in general form of suspended sentence] [the grounds for consideration] - The major pride grounds for sentencing [the person in general shall be subject to the statutory minimum limit of the applicable sentences] - The commissioner of the punishment (including a serious effort to recover damage) - The general pride grounds: any contingent crime, or any criminal record of not less than a suspended sentence for the last 20 years;

3. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended sentence, the motive, method, and consequence of the crime cannot be deemed to be less restrictive in light of illegality, and the previous fact that there are three times penalties due to violent crimes is disadvantageous sentencing factors, and the recent agreement is reached with the victim.