Text
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
1. On May 19, 2014, at around 00:50 on May 19, 2014, the Defendant: (a) reported that the victim D (manam, 50 years old) was seated in the tables B; and (b) took a breath of the victim’s neck one time with the hand floor without any reason, while under the influence of alcohol.
As a result, the Defendant inflicted an injury on the victim, such as catitiss that need to be treated for about two weeks.
2. 모욕 피고인은 2014. 5. 19. 03:40경 대구 남구 E 앞에서 주차된 F 포터 화물차 안에서 잠을 자던 중 운전대 위에 발을 올려놓아 차량 경적음을 계속 울리게 하여 신고를 받고 출동한 G지구대 소속 피해자 경위 H, 피해자 경사 I으로부터 차량 경적음을 울리지 말고 발을 내려놓으라는 말을 듣자 화가 나, 여러 사람들이 지켜보는 가운데 피해자들에게 “내차 내가 마음대로 하는데 니가 뭔데 씨발놈아. 개새끼야. 너거 같은 것들은 꺼져라. 내 맘대로 한다. 좃같은 새끼들아.”라고 약 15분 동안 큰소리로 욕설을 하여 공연히 피해자들을 모욕하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A written statement of I and H;
1. On-site dispatch reports;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 257 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act among the crimes of insult;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Social Service and Criminal Act [the scope of recommending punishment] general injury (the scope of recommending punishment] is that there is no person who has a basic area ( April to 16) [the decision of sentencing] / [the decision of sentence] the defendant committed the crime of this case again despite the fact that he has been punished several times for violent crimes, and is not agreed with the victims. However, the extent of damage is relatively minor, and the defendant repents and reflects the mistake.