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

The defendant is pro-child of the victim B ( South and 72 years of age).

피고인은 2018. 7. 12. 19:40경 인천 서구 C에 있는 피해자의 직장인 D 회사 경비실에 찾아가 금전적인 문제로 피해자와 말다툼을 하던 중, 화가 난다는 이유로 미리 소지하고 온 위험한 물건인 재질불상의 파이프(전체 길이 약 70cm)를 들고 피해자를 때릴 듯이 휘두르고, 한 손으로 피해자의 머리를 잡아 그곳 시멘트벽 쪽으로 수회 밀쳐 얼굴을 벽에 찧게 하여 피해자에게 치료일수 불상의 눈꺼풀 및 눈주위 영역의 열린 상처 등 상해를 가하였다.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim who is in existence.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing CCTVs of damaged parts, opinions, and CCTV images;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. First of all, while the defendant and the victim made plastic strawing and francing, the defendant suffered bodily injury by being faced with his head in the wall while the victim was pushed down with plastic strawing, and the defendant is not closely connected with the victim's head and the wall.

Second, the defendant's possession does not constitute a dangerous article with plastic sealing.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the judgment on the first argument is sufficiently recognized by the Defendant’s head and the victim’s head.

(1) A victim shall attend this court as a witness and the defendant shall have his/her head several times.