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 2014. 7. 22. 00:30경 인천 남구 C에 있는 ‘D’ 주점 앞에서, 피해자 E(60세)이 술을 사기로 했음에도 불구하고 술값을 계산하지 않고 먼저 업소를 빠져나갔다는 이유로 화가 나, 피해자에게 갑자기 달려들어 피해자의 얼굴을 주먹으로 수회 때리고, 바닥에 넘어진 피해자의 얼굴을 발로 수회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as visual inner walls, floor-frames, etc. that need to be treated for about 35 days.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 of the community service order;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general injury shall be the basic area ( April to one year and six months) (the special person) of the first category;

2. Although the Defendant alleged that he had been tried from the stairs in dispute with the victim due to the drinking value problem, according to the victim’s consistent statement and the statement of the medical certificate of injury, it is recognized that the Defendant inflicted an injury as stated in the judgment of the Defendant.

The punishment shall be determined as ordered by considering the fact that the defendant has been punished several times for the same crime, the fact that no agreement has been made with the victim, the age, character and conduct, environment of the defendant, the motive and background leading to the crime of this case, the circumstances after the crime, etc.