상해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2015. 8. 30. 22:40 경 원주시 C에 있는 D 여인숙 앞 노상에서 피해자 E( 여, 61세) 와 시비를 하다가 화가 나 피해자에게 입에 담기 어려운 욕설을 하면서 손으로 피해자의 가슴 부위를 밀어 넘어뜨리고 발로 피해자의 몸 부위를 걷어찼다.
As a result, the defendant put the victim on the right side, which requires treatment for about 14 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. A medical certificate;
1. Application of the Acts and subordinate statutes to photographs of damaged parts of the victim, CCTV-cape;
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The scope of punishment by law: Imprisonment for not more than seven years;
2. Application of the sentencing criteria;
(a) Determination of types: Violence crimes, general bodily injury, and general bodily injury (type 1);
(b) Special sentencing factors: Reduction factors - Minor injury
(c) Scope of recommending punishment: Reduction area, two months to one year; and
3. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence (in consideration of the reflectivity, the majority of previous convictions in the same kind of fine, the degree of minor damage, etc.);