A defendant shall be punished by imprisonment for four 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 2016. 8. 24. 23:20경 원주시 법천시장길 51-2에 있는 공영주차장에서, 술에 취한 상태로 친한 동생인 피해자 B(31세)에게 "내가 그동안 술을 많이 샀는데 너는 왜 이것밖에 사지 않느냐"라고 말하며, 위 피해자를 넘어뜨린 후 주먹으로 피해자의 얼굴을 수회 때리고, 발로 피해자의 왼쪽 옆구리 부위를 1회 걷어차 피해자에게 약 21일간의 치료가 필요한 좌측 고막의 외상성 파열 등 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning B;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general injury [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence], [the person who has been specially mitigated] mitigation area (two to one year] [the decision of sentence] imprisonment for four months], the defendant in two years of suspended sentence used violence again even though he had the record of punishment four times due to violent crimes, and thereby, the victim was injured by the threat.

However, the defendant agreed with the victim.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.