A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 피해자 C(47세)이 ‘피고인이 중장비에서 기름을 빼고 있다’라는 취지의 소문을 퍼트렸다고 오해하고 이에 화가 나 2013. 11. 1. 06:30경 남원시 D에 있는 E 사무실로 위험한 물건을 낫(날길이 21cm )을 들고 찾아가 그곳에 있던 피해자를 향해 낫을 휘두르고, 피해자와 함께 바닥에 넘어져 뒹굴다가 낫을 빼앗으려던 피해자의 손이 낫의 날에 베이도록 한 후 주먹으로 피해자의 귀 부위를 때려 피해자에게 약 3주간의 치료가 필요한 고막의 외상성 파열 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Statement to C by the police;

1. A written statement;

1. A complaint;

1. A criminal investigation report (related to a victim's photograph attached to his/her upper part);

1. Application of ct v images and photo-related Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for one year and six months to fifteen years;

2. The range of recommended sentences according to the sentencing guidelines (decision of types of punishment), violent crimes, habitual injury, repeated injury, special injury, and Type 1 (special mitigation factors) and the area of mitigated punishment (the scope of recommending punishment): One year and six months through six months of imprisonment;

3. The sentence shall be determined as ordered in consideration of the fact that the defendant's mistake is divided and reflected in him/her, that an agreement has been made with the victim, and that the defendant's age, character and conduct, environment, and other various sentencing conditions specified in the proceedings of the present case.