However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

피고인은 2013. 7. 21. 02:40경 인천 서구 D 소재 E식당 앞길에서 피해자 F(여, 59세)과 말다툼 중에 피해자로부터 ‘너는 성질도 안 좋잖아.’라는 말을 듣고 화가 나 피해자에게 ‘이런 씨팔, 내가 성질 나쁜 거 이제 알았느냐’고 말하며, 양손으로 피해자의 멱살을 잡고 밀쳐 넘어뜨리고, 손으로 가슴, 목, 팔 등을 잡아 뜯으며 할퀴고, 발로 피해자의 가슴, 얼굴, 팔 등을 수회 밟고 걷어찼다.

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Summary of Evidence

1. Partial statement of the defendant;

1. Statement of a witness F in the second protocol of the trial, and statement of a witness G in the third protocol of the trial;

1. Application of Acts and subordinate statutes to medical certificates of injury, photographs of damaged parts, copies of emergency medical records, photographs, inquiry of fact, statement of handling 112 reported cases, copy of medical records, and copy of medical records;

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

1. In full view of the contents and degree of the Defendant’s use of force, the victim’s injury and part as a result of the Defendant’s assault, it is recognized that the victim suffered injury to the Defendant’s left-hand foundation abandonment as a result of the Defendant’s assault.

In addition, the criminal intent of the crime of injury does not necessarily require the intention of the purpose of the injury or the planned injury, and it is sufficient to recognize or anticipate the possibility or risk of causing the result of the injury to another person due to its own act, and according to the degree and contents of the defendant's exercise of tangible power in the judgment, the defendant's intentional injury can be fully recognized.

Although the victim was dispatched at the scene of crime, a certificate of the left-hand side shall be given to the police officer.