A defendant shall be punished by imprisonment for not less than one year and six months.

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 2013. 1. 17. 04:00경 시흥시 C 2바 901호 ‘D’ 2층에서 직장동료인 피해자 E(남, 49세)과 서로 먼저 엘리베이터를 사용하겠다며 시비하던 중 피해자가 “뚱보 니기미, 1분도 양보 안하냐”라고 욕설을 하자 화가 나 왼손으로 피해자의 뺨을 1회 때리고, 오른손으로 위험한 물건인 알루미늄제 자동차부품을 들어 피해자의 머리 부위를 3~4회 내려친 후 겁을 먹고 도주하는 피해자를 쫓아가 발로 피해자의 허리 부위를 1회 걷어차 피해자에게 약 3주간의 치료가 필요한 두피 다발성 타박상 및 심부열상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A bodily injury photograph, death diagnosis certificate, photograph, bodily injury, deadly weapon photograph;

1. Application of statutes concerning criminal records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the overall circumstances, such as the fact that the defendant has repented his mistake in depth and that the defendant seems to have committed the instant crime contingently);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) applies to situations unfavorable to the defendant, such as the nature of the crime and the result of the crime in question, etc.; however, there is no criminal offense against the defendant; the defendant has been agreed with the victim; the defendant has a depth of his/her mistake; the defendant has been divided into his/her social ties; the defendant's social ties is clear; detention entails excessive difficulty for his/her dependants; the motive and circumstances leading up to the crime in this case; the relationship between the defendant

1. The order of the community service order is issued for the reasons of more than Article 62-2 of the Criminal Act;