A defendant shall be punished by imprisonment for one year.

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 2019. 4. 27. 22:00경 동해시 B 지하 1층에 있는 'C' 17번 방 앞 복도에서 피해자 D(26세)이 복도를 지나가는 길에 손으로 피고인을 밀었다는 이유로 화가 나, 주먹으로 피해자의 얼굴을 1회 때리고, 그 옆에 있던 위험한 물건인 소주잔을 피해자의 뒤통수를 향해 던져 맞추고, 계속하여 발로 피해자의 다리 부위를 1회 걷어찼다.

As a result, the defendant brought the victim with the unclaimed number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A investigation report (the confirmation of CCTV images and the verification of damaged images), a closure photograph of the C CCTV images, and a CCTV video CD;

1. Application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Circumstances unfavorable to the determination of sentence: The Defendant committed the instant crime by assaulting the victim and injuring the victim without any special reason even though he/she has been punished twice for violent crimes; circumstances favorable to the failure to reach an agreement with the victim: The Defendant recognized the crime and reflects it; and there is no record of punishment exceeding the fine.