A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Punishment of the crime

피고인은 2016. 5. 17. 01:10경 광양시 B 소재 피해자 C 운영 ‘D’ 식당에서, 술을 마시다가 피해자 C과 술값 문제로 말다툼을 하다가 피해자 C의 지인인 피해자 E(65세)이 “빨리 계산하고 가라”라고 하자, 피해자 E을 뒤따라가 “이 새끼 죽여버리겠다”라면서 피해자 E의 멱살을 잡고 뒤로 밀어 넘어뜨려 피해자 E이 마루에 넘어지면서 안방 출입문 유리창에 머리를 찧게 하여 시가 1만원 상당의 유리창 1개(가로 20cm, 세로 29cm)를 깨뜨리고, 계속하여 피해자 E의 멱살을 잡아 바닥에 넘어뜨린 후 피해자 E의 얼굴을 주먹으로 수회 때렸다.

Accordingly, the defendant caused the victim E to suffer approximately four weeks of medical treatment, and at the same time damaged the property owned by the victim C.

Summary of Evidence

Defendant’s legal statement

The application of laws and regulations to the police interrogation protocol of the police as to E, each photographic investigation report (the numerical value measurement of damaged glass and the job-related interview)

1. Article 257 (1) and Article 366 of the Criminal Act applicable to the crimes;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation) : Class 1 (General Bodily Injury) (Special Bodily Harm) and Class 1 (2 to 1) and the mitigated area of punishment (Special Contributors): Group 2 (Destruction and Damage, etc.) and the mitigated area (1 to 6 months) (Special Contributors) (1 to 6 months), where actual damage is minor, the scope of final sentence due to the aggravation of multiple crimes: 2 to 13 months [Decision of Sentence ] even though the defendant had a history of punishment several times by violence, he/she used violent acts while under the influence of multiple times, and the degree of injury to the victim is not weak.

However, the defendant reflects the wrong, and the defendant is also against the victim.