A defendant shall be punished by imprisonment for six months.

except that 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

The defendant and the victim B (the family name, the age of 23) were related from November 1, 2017 to March 2018.

피고인은 2018. 1. 2. 24:00경 서울 강북구 C건물 D호에 있는 피고인의 집에서 피해자, 직장동료인 E과 함께 술을 마시다가 피해자가 E에게 팔짱을 끼면서 술을 더 사러 가자고 말했다는 이유로 화가 나 E을 내보낸 다음 손바닥으로 피해자의 뺨 부위를 때리고, 손으로 피해자의 머리채를 잡은 채 주먹으로 피해자의 얼굴 부위를 때리고, 피해자를 무릎 꿇게 한 다음 발로 피해자의 복부 부위를 차고, 손으로 피해자의 목을 졸라 피해자에게 약 43일간의 치료가 필요한 우측 안와골 골절의 상해를 가하였다.

Summary of Evidence

1. The defendant's partial statement and his defense counsel stated the facts charged on the first trial date, but on the other hand, on the other hand, they did not mean that the victim's head fell knee and knee in the victim's knee, knee in hand, through the summary of the pleading, and that the victim's head fell under the victim's knee. However, in light of the following circumstances revealed by records and arguments, the victim's statement is credibility in its statement because the victim made a concrete and consistent statement about the details and contents of the injury, i.e., the victim's statement has credibility in its statement, and the defendant's and defense counsel's act is not likely to cause serious injury. In light of the above, it can be acknowledged that the defendant exercised violence against the victim as stated in its reasoning.

1. Each police statement concerning B;

1. Application of the Acts and subordinate statutes governing sound recording, such as a written complaint, written diagnosis of injury, multiple copies, tape recording, and telephone conversations;

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

1. The conditions of suspended execution under Article 62(1) of the Criminal Act are favorable to the reasons for sentencing.