A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2013. 11. 24. 02:04경 서울 강서구 C에 있는 피고인과 피해자 D(29세)이 살고 있는 E건물 앞에서 피해자가 담배를 피우고 있는 피고인을 아무런 이유 없이 계속 쳐다본다는 이유로 말다툼을 하던 중 화가 나 오른손으로 피해자의 입술 부위를 밀고, 주먹으로 피해자의 얼굴을 수 회 때려 피해자가 넘어지면서 바닥에 이마를 부딪히게 하였고, 발로 바닥에 쓰러져있는 피해자의 복부를 2회 찼으며, 이웃 주민 F이 말리자 손으로 피해자의 뺨을 2회 때리고, 발로 피해자의 허벅지를 1회 찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as double alleys that require approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The victim's statement among the prosecutor's interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of each damaged part of D;

1. Article 257 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendations according to the sentencing criteria (the range of recommendations) and the general injury (the scope of recommendations) resulting from violent crimes: Imprisonment with prison labor for four to one year and six months (the basic area);

2. The Defendant, who was sentenced to sentence, did not agree with the victim until now, the Defendant has a record of having been punished several times for violent crimes, and the degree of the instant bodily injury is not somewhat weak, and there are extenuating circumstances against the Defendant.

However, there are some favorable circumstances for the Defendant, such as the fact that the Defendant appears to have committed the instant crime contingently, that the Defendant was assaulted by the victim in the course of fighting, and that the Defendant deposited KRW 2 million in the course of fighting, etc.

The above circumstances and the defendant's age, character, environment, and age.