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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim B (the 30 years of age) were divorced around July 2019, but they are living together with rulings around May 2020.

피고인은 2020. 6. 18. 21:50경 전남 완도군 C에 있는 주거지에서 피해자가 전화를 받지 아니하고 늦게 귀가한다는 이유로 피해자와 대화를 하던 중 피해자가 자신에게 대들었다는 이유로 화가 나 손에 들고 있던 위험한 물건인 유리 맥주컵을 피해자의 얼굴 부분을 향해 던져 피해자에게 약 2주간의 치료가 필요한 귓바퀴의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs;

1. Application of the legislation in its opinion;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: The crime of domestic violence of 8 months in imprisonment and 1 year in suspended sentence is committed in the family where it is more comfortable than any other place under this tax, and it is difficult for the victim to predict the violence to a certain extent at any time and, as it is difficult for the victim to avoid the perpetrator, resulting in the victim’s dailyization.