상해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 14, 2016, at around 02:00, the Defendant sought to order alcohol at D amusement points in the operation of the victim C (56 tax) located in Daegu Suwon-gu B (56), but there was a wide withdrawal of alcohol from the victim E (54 years old) who is an employee. Accordingly, the Defendant spahned and plaed the victim E’s right-hand arms, and spawned.
이에 피해자 E가 소리를 지르며 도움을 요청하는 것을 보고 업주인 피해자 C이 말리자, 피고인은 계속하여 피해자 C의 뒤에서 오른손으로 피해자 C의 목을 감듯 붙잡으면서 왼손 가락으로 피해자 C의 눈과 얼굴 부위를 찌른 다음 발로 피해자 C의 오른쪽 무릎을 수회 찼다.
As a result, the Defendant committed a 14-day therapy to the victim E, such as the shoulder and the spons of the arms that need to be treated for about 14 days, and the part that needs to be treated for about 14 days to the victim C.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against C and E;
1. Investigation report (the investigation and summary of statement by victim C telephone);
1. A report on dispatch to the scene of an injury;
1. A report on internal investigation (a CCTV image submitted by a victim C), CCTV images CDs;
1. Each injury diagnosis certificate;
1. Application of statutes on field photographs;
1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Where the scope of the recommended punishment under the sentencing guidelines is limited to the category 1 (the scope of the recommended punishment) of the category 1 (the range of the recommended punishment) (one month to one year) (the person subject to special mitigation) (the person subject to special mitigation), the minor injury (including the efforts to recover damage), the non-won of the punishment (including the serious effort to recover damage), or considerable damage has been restored, the crime 2) in the area of special mitigation (one month to one year) [the scope of the recommended punishment] in the area of special mitigation (one month to one year), the minor injury (the person subject to special mitigation) (the person subject to special mitigation) and the amount of punishment (the recovery of damage).