A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 8, 2019, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Child Welfare Act (child abuse), etc. in the Gwangju District Court Branch Branch on February 8, 2019, dismissed on May 1, 2019, and dismissed on June 28, 2019, and the said judgment becomes final and conclusive.

피고인은 2019. 1. 15. 21:40경 전남 목포시 B 원룸 C호에 있는 직장 동료 피해자 D(35세)의 주거지에서, 피해자와 함께 술을 마시던 중 위 주거지에 잠시 들린 피해자의 여자친구를 가리켜 “쟤가 누군데 재수 없이 왔다 그냥 가냐”라고 말한 것으로 시비가 되어 다투다가 주먹과 팔꿈치로 피해자의 얼굴과 머리 부분을 수 회 때려 피해자에게 약 3주간의 치료를 요하는 비골의 골절 및 폐쇄성의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Photographs of damaged parts;

1. Before ruling: Application of investigation reporting Acts and subordinate statutes;

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

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. Determination of sentence: The defendant, at the time of the crime of this case in April, was put on probation for the period of probation, and was under trial due to child abuse, etc., and the defendant seems to have unilaterally assaulted the victim in light of the health condition of the defendant at the time of the crime of this case and the statement at the investigative agency

It is also considered that there is an agreement with the victim and that there is equity in the case of judgment at the same time with the final crime.