A defendant shall be punished by imprisonment for not more than ten 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 2015. 3. 9. 02:00경 순천시 B에 있는 ‘C’ 앞 노상에서, 피해자 D(45세)에게 택시를 양보하였음에도 피해자가 “내가 잡은 택시를 왜 타려고 하냐, 싸가지 없는 새끼야.”라고 말하는 것에 격분하여 피해자의 안면부를 양쪽 주먹으로 6회 때려 피해자에게 약 12주간의 치료를 요하는 광대뼈 및 윗턱뼈의 골절 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement;

1. Photographs of the victim at the scene of the case and his/her photograph, each investigation report, assault scene of the suspect, and photographs of the victim part of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Class 1 (General Inflicting) (including a serious effort to recover damage) (including a person who has made a serious effort to recover damage) or considerable damage, the scope of the recommended sentence on the sentencing guidelines [decision of types] general injury caused by violence: The basic area of injury (the scope of the recommended area and the recommended sentence] (the scope of the recommended sentence) serious (the decision of the recommended area and the recommended sentence) and April to June;

2. Whether or not the suspension of execution [major reasons for the suspension of execution: negative reasons] where the result of a cruel crime, the method of taking a cruel crime, the death, or the serious injury (major reasons for the suspension of execution: positive) has occurred, and where the victim has a considerable responsibility for the occurrence of a crime or the expansion of damage, a failure to punish the victim (including serious efforts for the recovery of damage) [including negative reasons for general participation] at least twice before the suspension of execution (affirmative: positive).

3. The degree of injury of a victim who is disadvantageous to the decision of the sentence is heavy and then leaves the site without taking relief measures is three times the previous conviction of violent crime, which is more than one time the suspension of execution.