A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

피고인은 2014. 4. 15. 18:30경 용인시 수지구 C에 있는 피고인 운영의 D 사무실에서, 동업자였던 피해자 E(31세)과 피고인이 위 공업사 직원의 공금횡령 고소사건을 고소취소한 문제로 말다툼하던 중 주먹으로 피해자의 얼굴을 수 회 때리고 위험한 물건인 의자를 들어 피해자를 밀어 넘어뜨린 후 발로 피해자의 얼굴 부위를 수 회 걷어찼다.

As a result, the Defendant inflicted an injury on the victim, such as a spathal of a baby who needs to be treated for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of statutes to the scene, photographs of damaged parts, and written diagnosis of injury;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended sentences for the sentencing guidelines [decision of types] the group of violent crimes-special injury [the scope of the recommended sentence] the basic area (two to four years of imprisonment] (the scope of the recommended sentence] (no special person shall be sentenced to two to four years of imprisonment):

3. The sentence shall be determined as ordered within the scope of the recommended sentence, in consideration of the fact that the accused was unable to agree with the victim, but the accused is divided of errors, appears to have committed the instant crime by contingency, and has no record of punishment for violent crimes, etc.