피고인은 2013. 5. 1. 02:25경 부산 북구 구포동 구포시장 앞 공중화장실 입구에 있는 벤치 부근에서 피해자 C(남, 60세)과 함께 술을 마시던 중, 피해자가 아들이 없는 피고인에게 군 입대를 한 아들 자랑을 하였다는 이유로 화가 나, 공장작업용 안전화를 신고 있던 발로 그곳 땅바닥에 주저 앉아있던 피해자의 얼굴을 수십 차례 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as internal surgery, felling, and so on, the victim need to receive approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to an investigation report (verification as to whether an injury medical certificate is issued);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of recommendations based on the sentencing criteria, the basic area of general injury: Imprisonment with prison labor for April - one year and six months;

2. Determination of sentence - Determination of favorable circumstances - Determination of sentence - Unfavorable circumstances: Imprisonment with prison labor for 4 months, taking into account the following factors: the age, character and conduct, health conditions, home environment of the defendant, motive, means, results, and circumstances after the commission of the crime: the age, character, health conditions, home environment of the defendant;