A defendant shall be punished by imprisonment for six months.

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.

Punishment of the crime

피고인은 2016. 2. 6. 07:45 경 강릉시 B에 있는 C 모텔 303 호실에서 피해자 D(46 세) 과 술 마시던 중 아무런 이유 없이 화가 나, 주먹으로 피해자의 얼굴과 머리 등을 수 회 때리고, 발로 피해자의 허리 등을 차고, 피해자 휴대전화를 집어들고 피해자의 좌측 귀부분 등을 수회 때려, 피해자에게 약 2 주간의 치료를 요하는 귓바퀴의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each on-site and damaged photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the scope of recommended punishment] are determined by considering all the circumstances that constitute elements for sentencing, including reflectivity, relation with the victim and degree of injury, the family environment of the defendant, the frequency and contents of the same kind of power, and the fact that damage has not been recovered for the last five years, and the execution of the sentence is suspended on the condition that protection observation and social service work are performed for a certain period of time.