However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

피고인은 2016. 8. 26. 23:00 경 화성시 B에 있는 C 술집 앞 도로에서 D 골프 승용차를 운전하여 가 던 중 피해자 E(32 세) 가 술에 취해 위 승용차의 앞을 막으면서 ‘ 맞짱을 뜨자. ’라고 시비를 걸자 이에 화가 나, 주먹으로 피해자의 얼굴 부위를 3회 가량 때려 피해자에게 약 6 주간의 치료가 필요한 급성 경막하 혈종 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on internal investigation (Submission of a medical certificate) and each medical certificate;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. In the event that the victim is fully responsible for the occurrence of a crime or the expansion of damage in the area of mitigation (two months to one year) (special mitigation) in the area of mitigation (special mitigation) of the sentencing criteria) of category 1 (the scope of recommended punishment) general injury, where the victim is not subject to punishment (including serious efforts to recover damage) or where considerable damage has been recovered / Where the victim is seriously responsible for the occurrence of a crime or the expansion of damage;

2. The Defendant, who was sentenced to a fine three times due to a crime related to violence, was sentenced to a fine, and in addition, the Defendant again committed the instant crime even though he had the record of being sentenced to a fine of eight times or more due to fraud, etc. In addition, the Defendant committed the instant crime. The degree of injury is significant to the extent that the victim might have been aware of, and even if the victim got out of the scene, the Defendant did not rescue the victim, etc.

Provided, That the accused has no criminal records exceeding the fine.

The injured person does not want the punishment of the defendant any longer by agreement with the defendant.

There is an aspect that the injured person first causes violence.

In addition, the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, and records of the crime.