Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
피고인은 2019. 5. 16. 23:20경 인천 중구 B모텔 C호실에서 피해자 D와 함께 술을 마시던 중 피해자로부터 욕설을 듣게 되자 화가 나 방안에 있는 빈소주병을 집어 들고 피해자의 머리 부분을 1회 내리쳐 피해자에게 약 2주간의 치료를 요하는 두피의 열린 상처, 하악부의 열린 상처 및 귓바퀴의 열린 상처 등의 상해를 가하였다.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement of D or E;
3. A medical certificate (32 pages of investigation records).
4. Application of statutes on site photographs.
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
2. Article 62 (1) of the Criminal Act;
3. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;
1. Scope of punishment by law: One to ten years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury by special injury and repeated crime [the person in special form] the special injury [the scope of the recommendation field and the recommendation form] - the mitigation element: the mitigation area of punishment [the scope of the recommendation form and the recommendation form], the imprisonment for four months to one year [the scope of the recommendation form revised according to the applicable sentences] one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, the grounds for suspension of execution shall be based on the statutory minimum limit of the applicable sentences] - The major pride reasons for suspension of execution [the grounds for suspension of execution] - the source of punishment (including serious efforts to recover damage) - the general pride reasons: contingent crimes:
3. Determination of sentence: One year of imprisonment and two years of suspended sentence;