피고인은 2012. 7. 22. 04:50경 수원시 권선구 C 앞 노상에서 술에 취해 걸어가던 중 그 곳에서 우연히 만난 피해자 D이 자신을 쳐다본다는 이유로 피해자에게 “뭘 쳐다봐, 씨발 놈아”라고 말하며 발로 피해자의 다리를 걷어 차 그를 넘어뜨린 후 피해자의 몸 위에 올라타 주먹으로 피해자의 온몸을 수회 때려 피해자에게 약 8주간의 치료가 필요한 두개내 열린 상처가 없는 경막상 출혈 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate or a written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation;

1. The grounds for sentencing under Article 257(1) of the Criminal Act for the pertinent provision of criminal facts and the choice of punishment are crimes to which the sentencing guidelines apply.

[Determination of Punishment] In general cases of bodily injury in general as a result of violence, general injury [special injury in person] aggravated factors: serious injury (determination of recommending area] [the scope of recommending punishment] 6 months to 2 years [the scope of applicable punishment] applicable provisions of Acts: Criminal Act 257(1) and statutory punishment : 1 to 7 years (determination of sentence] of victim's injury was very serious. The defendant denied the initial crime of this case, told another person's resident registration number, and concealed his whereabouts until re-Arrest was re-detained.

In consideration of the fact that the defendant has a large number of criminal records, and that 5 million won has been deposited for the victim, etc., the highest among the recommended types of punishment shall be sentenced.