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.

Criminal facts

피고인은 2014. 1. 19. 06:25경 아산시 C에 있는 ‘D’ 식당에서 지인인 E와 술을 마시던 중 술에 취하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서 옆 테이블에 있던 피해자 F(21세)가 피고인을 기분 나쁘게 쳐다본다는 이유로 피해자의 테이블로 다가가 피해자에게 ‘야 씹할 놈아, 뭘 꼬나봐’라고 욕설을 하고, 피해자의 테이블 위에 있던 콜라병을 깨뜨려 위험한 물건인 깨진 콜라병으로 피해자의 머리를 1회 내리찍어 피해자에게 약 2주간의 치료를 요하는 머리덮개의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written diagnosis of injury;

1. Application of the photographic 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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment under law] from September to July (the determination of a sentence] of imprisonment with prison labor for habitual injury, repeated injury, special injury, repeated crime and special injury (special person under special punishment): Reduction elements: mental and physical disability, victim's refusal to punish him/her [the scope of recommendation] from September to February in the area of special mitigation [the scope of recommendation] mitigation elements: 9 to June in the area of special mitigation [the range of general person under special mitigation] there is no serious reflectness, and no history of criminal punishment ] - Where he/she commits a crime with deadly weapons or other dangerous articles - No major positive factors - No history of criminal punishment; victim's failure to punish him/her - General positive factors: clear social relation, contingent crimes, and serious reflect [the recommendation within the scope of punishment under law]; Imprisonment with prison labor for September to June / [the recommendation within the scope of punishment under law]