A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is the victim B (n, 31 years of age) and the husband and wife.

피고인은 2019. 2. 2. 02:00경 구미시 C건물 D호에 있는 자신의 주거지에서, 피해자와 말다툼을 하던 중 화가 난다는 이유로 손으로 피해자의 얼굴을 수 회 때리고, 계속하여 왼손으로 피해자의 머리를 잡고 오른손으로 피해자의 얼굴을 수 회 때리고, 이에 넘어진 피해자의 허벅지와 배 부위를 발로 밟고 걷어찼다.

As a result, the defendant suffered injury to the victim, such as the Haak on the left-hand side and the right-hand combination, which requires about 42 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs, certificates of release on arrival, and medical certificates of injury;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to seven years; and

2. Application of the sentencing criteria (determination of types) in general for violent crimes: Type 1 (General Bodily Inflicting) (Special Bodily Inflicting Persons), the factors to reduce serious injuries, the factors to reduce the penalty (the scope of recommending areas and recommendations) basic areas, four months to one year and six months.

3. Determination of sentence: The criminal liability of the defendant is very heavy in view of the fact that the motive for the crime of the defendant is not good for eight months (two years of suspension of execution of sentence), the injury inflicted on the victim, and the defendant has the power of punishment for the crime of injury, etc. even in 2012.

However, the fact that the victim does not want the punishment of the defendant, and continues the marital life of the defendant after the case, and there is no penalty power exceeding the fine for the defendant, etc. are favorable circumstances.

In addition to the above various circumstances, the above sentencing guidelines and the defendant's age, character and conduct, occupation, family relationship, relationship with the victim, and crime.