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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.
Reasons
Punishment of the crime
피고인은 2013. 8. 9. 00:45경 강원도 고성군 C에 있는 D해수욕장 수상인명구조대 사무실 2층 숙소에서 교제 중인 피해자 E(여, 38세)이 찾아와 헤어지자고 말하며 빌려간 돈을 갚으라고 요구하자 손으로 피해자의 얼굴을 수회 때리고 발로 피해자의 등 부위를 2회 걷어찼다.
Afterwards, the Defendant discovered that the victim reported the above assault facts to 112 in front of the above office room, went beyond the floor of the victim's face by hand, and walked with the victim's face, such as the overcoming victim, etc., and continued to get off one time by gathering plastic chairs from the above office.
As a result, the Defendant inflicted injury on the victim, such as the “the first head of the 200 week lever,” which requires approximately 8 weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A medical certificate;
1. Application of Acts and subordinate statutes to investigation reports (cases where violence against a plastic victim is damaged, and hearing statements made by a victim E);
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 (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, when considering the fact that the defendant had been subject to multiple criminal punishments for the same type of crime, but again committed the instant crime, the degree of assault by the defendant and the degree of injury by the victim, etc., the defendant should be strictly punished, but the confession of the defendant, the confession of the defendant by the defendant, the victim by the agreement with the victim, and the victim by the agreement with the victim, the defendant does not have any criminal record above the suspended sentence, and all the other sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior, are considered.