A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Jeonju District Court on July 19, 2012, and completed the execution of the said sentence on December 18, 2012.

피고인은 2015. 1. 8. 08:00경 전주시 덕진구 B에 있는 C 술집 내에서 일행과 술을 마시며 이야기를 하고 있던 도중, 옆 테이블에서 술을 마시고 있던 피해자 D(55세)이 대화에 끼어들며 "나이 먹은 사람과 술을 마시면서 다리를 꼰 채로 반말을 한다, 버릇이 없다“고 나무라자 화가 나, 테이블 위에 있던 위험한 물건인 맥주병을 들어 피해자를 향해 1회 휘둘러 피해자의 오른쪽 광대뼈 부위를 1회 때리고, 주먹으로 피해자의 이마 부위를 1회 때려 폭행하였다.

After all, the Defendant, while carrying dangerous objects, assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Attaching a report on internal investigation (attaching photographs of damage);

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, the status of confinements by individuals, previous dispositions, and results of confirmation;

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;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( normal circumstances favorable to the defendant for the following reasons for sentencing).

1. The scope of applicable sentences under law: Imprisonment for six months to twenty-five years; and

2. The range of the recommended punishment according to the sentencing guidelines [decision of types] the range of the recommended punishment [special violence] according to the category 6 (Habitual, Cumulative, and Special Violence): the mitigated punishment (including serious efforts to recover damage) or where considerable damage has been recovered: the aggravated punishment (excluding the types of habitual and repeated assault in the category 6): the mitigated punishment area [decision of the recommended area] the mitigated punishment area [decision of the recommended area] the mitigated punishment area (excluding the range of recommendations]: 4 months to 1 February; and

3. Determination of sentence: Imprisonment with prison labor for not less than six months; and