상해
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
On April 30, 2019, the Defendant: (a) around 22:30, on the front stairs of “C” located in Jinhae-si, Changwon-si B; (b) under the influence of alcohol, the victim D (n, 67 years of age), etc., without any particular reason, was breadd by the two hand, resulting in the Defendant’s injury, such as the closed frame at the bottom of the frame requiring six weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;
2. Injury (1 and 4) serious in the aggravated area (6 to 2 months) (6 months) in the first category (6 to 2 months) of which the sentencing criteria are set forth in the sentencing guidelines.
3. According to the decision of sentence, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the defendant raises a child with intellectual disability as a basic recipient of the crime at the time of the trial of this case, the sentence shall be determined as ordered by comprehensively taking into account various sentencing factors in the trial of this case.
The favorable circumstances: there is no record of punishment heavier than the fine, and there is no record of punishment for about 20 years until the crime of this case is committed.
Unfavorable circumstances: A victim has suffered serious injury.
The damage has not been recovered at all, and the victims want to be punished by the defendant.