A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 5. 17. 18:30 경 통영시 C에 있는 요리 횟집에서 피해자 D(63 세) 와 친목회 정기총회 운영 문제로 이야기를 하다가 피해 자로부터 욕을 들은 것에 화가 나, 그곳 테이블 위에 있던 위험한 물건인 소주병으로 피해자의 정수리 부위를 2회 내려치고 발로 얼굴 부위를 1회 걷어찼다.

In this respect, the defendant carried dangerous articles with the victim and thereby damaged the character of head part requiring treatment for three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation and a list of reported cases;

1. Application of Acts and subordinate statutes of a medical 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance that the relevant method is very dangerous to the victim’s full-time injury due to a minor soldier.

However, it is advantageous to the fact that the defendant recognized the crime of this case against the wrongness, and that the victim wanted to take the action against the defendant by the unanimous agreement with the victim.

The punishment shall be determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.