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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is in a marital relationship between the victim C (math, 54 years of age) and the married couple in 1981.

피고인은 2014. 2. 6. 16:30경 구미시 D, 101동 1107호(E아파트) 내에서 술을 마신 채 피해자에게 “쓸 곳이 있으니 돈 30만원을 좀 달라”라고 하자 피해자가 “돈이 어디 있냐, 없다”라고 말한다는 이유로 갑자기 위험한 물건인 와인병, 소주병 등을 피해자를 향해 집어던지고 주먹과 발로 피해자의 얼굴 및 온몸을 수차례 때리고 발로 찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the police protocol law to C

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was subject to criminal punishment 11 times due to violent crimes, the means of the crime of this case, the risk of appearance is disadvantageous to him, there is no criminal record of probation or higher, the agreement with the victim that the victim wants to have the prior wife of the defendant, and the victim wants to go against him/her, taking into consideration the favorable circumstances, and the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence [the range of punishment [the habitual, repeated, and special violence] according to the sentencing guidelines (the punishment range is not to be imposed], and all other circumstances, including the defendant's age, character and behavior, environment, etc.