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

However, 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

피고인은 2016. 7. 3. 03:30 경 통영시 C에 있는 ‘D 주점 ’에서 일행과 술을 마시던 중, 다른 손님인 피해자 E( 여, 38세) 가 노래를 부른 후 피고인의 일행이 손뼉을 쳤지만, 피해자가 이를 무시했다는 이유로 피해자와 피고인 일행이 말다툼하자 이에 화가 나, 그곳 테이블에 위에 있던 위험한 물건인 맥주잔 1개를 손에 집어 들어 피해자를 향하여 던지고, 피해자에게 다가가 손으로 피해자의 목 부위를 잡아 밀치고, 피해자가 피고인에게 밀려 넘어지면서 의자에 피해자의 귀 부위가 긁히게 하였다.

As a result, the Defendant, carrying dangerous things, assaultsd the victim, and inflicted an injury on the victim, such as salted dys, tensions, etc. of heavy resin, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E and F;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged scene and investigation reports;

1. Selection of imprisonment with prison labor for the relevant law as to the facts constituting an offense and Articles 257(1), 261, and 260(1) of the Criminal Act (a point of harm), which are applicable to the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court / [the scope of the recommended punishment / [the scope of the punishment / the final sentence according to the aggravated multiple crimes in the basic area (from June to October) of the basic area (the scope of the recommended punishment / the scope of the general injury] of the category 1 (from April to June) of the basic area (the scope of the punishment / the number of months) : Six months to two years;

2. Determination of sentence - Determination of favorable circumstances: the extent of damage does not seem to have so serious, and appears to be against it; and

(k) Unfavorable circumstances: high risk, failing to recover damage, and crimes related to the same kind of violence.