A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On September 27, 2020, the Defendant left the victim’s head one time with ice frops ( approximately 21.5cm in total length, approximately 5.5cm in diameter), which are dangerous objects on the repair stand, among those who were dissatisfied with the complaint by the victim C (Nam, 60 years of age) for the reason that the victim C was not asked the Defendant in a usual room and was replaced by the TV channel without asking the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigative reports (the submission of photographs of victims, violence tools and photographs);

1. Relevant Articles of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the punishment, and reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendations according to the sentencing guidelines: From April to January, 10 (decision of type): Violence crime committed in the form of [Type 6], repeated crime and special assault [Special Aggravation] (the scope of recommending area and recommendation range], the basic area of imprisonment, April to October, respectively, and April to October.

3. 선고형의 결정 피고인은 층간소음 문제로 윗집 사람을 십수회 찔러 죽여 5년을 선고받아 복역하는 중에 2020. 7. 재소자를 폭행한 일로 약식명령이 청구된 상태에서 또다시 다른 재소자인 피해자를 폭행하였고, 행위 태양도 누워있던 무방비의 피해자를 기절시킨 뒤 복수하기 위해 꽁꽁 얼은 얼음물 패트병으로 머리를 내리친 것으로 죄질이 매우 나쁘다.

There is no compensation or agreement for damage to the victim.

Considering this point, even if considering the favorable circumstances of the defendant, such as the damage was committed by assault, the sentence of punishment is inevitable and the sentence is determined as ordered.