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 2018. 09. 15. 00:10경 전주시 덕진구 B에 있는 ‘C’에서 술에 취한 피해자 D(여, 60세)이 피고인에게 욕을 하고 피고인의 얼굴에 맥주를 뿌렸다는 이유로 화가 나 그곳에 있던 위험한 물건인 나무의자를 피해자를 향해 던진 다음 계속하여 피해자의 머리를 양손으로 잡아당겨 바닥에 넘어뜨린 후 발로 허리를 1회 찼다.

As a result, the defendant, carrying dangerous things, assaults the victim, and committed saves around two weeks of treatment to the victim, such as saves, saves, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A medical certificate;

1. Application of Chapter IV Acts and subordinate statutes, such as photographs of victims;

1. Article 257 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) (Special Violence) / [Type 6] Cumulative Offense, Special Violence (Special Violence) - mitigated element: In a case where punishment is not imposed (including serious efforts to recover damage), or considerable partial damage is recovered (in the area of recommendation and recommendation), reduced range of punishment / imprisonment 2 months to 1 year and 2 months (general person who has been punished);

(b) Second offence (Inflicting of Injury) [Determination of Punishment] general injury [Type 1] general injury [Special Contributor] - mitigated element: In a case where the victim is fully responsible for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage) or has been recovered from considerable damage (in a case where the area of recommendation and the scope of recommended punishment] special mitigation area, one month to ten months [no general person].

(c) multiple crimes;