상해
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 12:40 on August 1, 2019, the Defendant: (a) while driving a car on the off-to-land, went away from the scene while taking a bath for each other due to the victim B (the age of 42 and the claim for summary order on the same day) and the course of the vehicle.
On August 1, 2019, at around 13:40 on August 1, 2019, the Defendant: (a) met the above victim in front of Chungcheongnam-si, Chungcheongnam-do; (b) brought an assault against the victim; (c) as seen above, the victim was faced with an assault; (d) when the victim’s face was taken by drinking, the victim was satisfed beyond the ground floor, and the victim was satisfed on the side of the victim’s body owing to drinking, and caused injury to the victim, such as the strike and loss of dental appliances requiring treatment for about 43 days.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. On-site photographs;
1. Application of Acts and subordinate statutes to the injury diagnosis statement and opinion statement;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of punishment by law: One to seven years of imprisonment;
2. Scope of recommendations according to the sentencing guidelines: There is no general injury [Type 1] general injury [the scope of recommendations and recommendations] by a person who has injured him/her [the scope of recommendations and recommendations], the basic area of imprisonment for April through one year and six months (the determination of types of punishment], and no reason for suspending execution].
3. Determination of sentence: A sentence of imprisonment with prison labor for one year, suspension of execution for three years, the gravity of damage of this case, the Defendant’s failure to obtain a letter from the victim, and the Defendant’s past records of punishment for violent crimes are disadvantageous.
Provided, That the punishment shall be determined in consideration of the fact that the defendant and the victim seem to have used violence and that there is no record of suspended execution or more.