However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

피고인은 2016. 6. 14. 17:15경 전주시 덕진구 B에 있는 C 앞길에서, 도로 한가운데 피고인의 트럭이 주차되어 있어 피해자 D(52세)가 운전하는 트럭의 진로가 방해된 문제로 피해자와 시비하다가 손으로 피해자의 멱살을 잡아 흔들고 주먹으로 피해자의 입 부위를 2회 때리고, 피해자가 112에 신고하자 피해자에게 “야 씹할 놈아, 경찰에 신고해라, 너 같은 똘아이는 처음 본다”라고 하면서 손바닥으로 피해자의 뺨을 5회 때려 피해자에게 약 2주간의 치료가 필요한 턱 염좌 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination of suspect suspect regarding D by the prosecution;

1. Examination protocol of police suspect regarding D;

1. A medical certificate;

1. Each investigation report (the relation between site conditions, etc. and submission of suspect D diagnosis certificates);

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Determination as to the defendant's assertion under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act

1. While the defendant's assertion and the victim's face are pushed down by hand so that the victim's face may not be near the victim's face while drinking, the fact that drinking is not possible;

2. The written injury diagnosis submitted by the victim of the crime of injury in the legal doctrine generally grasps the cause of the injury based on the victim's statement, and records the part and degree of the injury observed and judged by mobilization of medical professional knowledge, and it is insufficient to be a direct proof of the fact that the injury as mentioned above was caused by the criminal act of the defendant. However, the date and time when the death diagnosis report was prepared is adjacent to the time when the injury occurred, and the time when the injury was issued.