A defendant shall be punished by imprisonment for six 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

피고인은 2015. 11. 29. 10:40경 양주시 C에 있는 (주)D 사무실에서 동업 관계인 피해자 E(59세)가 중국에서 수입한 원사(原絲)를 개인적으로 유용하여 회사에 손해를 끼친 일로 말다툼을 하던 중 화가 나 오른 주먹으로 피해자의 안면부위를 가격하여 피해자로 하여금 45일간의 치료가 필요한 치아의 아탈구 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. A complaint;

1. Application of the inquiry and reply statute

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Injury [Selection of Sentence 1] The defendant's crime of this case is very poor in light of its circumstances, the crime of this case is serious in light of its circumstances, the result of injury, the defendant's previous crime of violence has been committed several times, the defendant does not have any attitude to reflect in depth the crime in this law, and it seems that the defendant has committed a threatened speech and behavior that threaten fear of fear to citizens while overcoming criticism.

In light of the violent nature of the defendant, the sentence was reviewed, but the agreement was reached with the victim, and the assault of this case was committed once after 2007, and the execution of this case was suspended at once.

In addition, considering the age, character and conduct of the defendant, circumstances after the crime, etc., the punishment shall be determined as per the order, taking into consideration all the sentencing conditions that the defendant was unreasonable

The defendant's assertion recognizes the facts of assaulting the victim, but asserts that the victim did not have any injury to the extent specified in the facts of crime on the ground that he/she had a spathn, etc., but the victim did not have such injury.