A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

On May 21, 2009, the defendant and the victim B (the 62 years of age) were married on May 2, 201 and divorced.

피고인은 2015. 12. 16. 21:00경 밀양시 C 주거지 뒤에 있는 컨테이너에 숨어 있던 피해자에게 “씨발년아, 컨테이너를 니 돈 주고 샀나 ”라고 욕설을 하며 발로 피해자의 가슴 부위를 수회 밟고 몽둥이로 피해자의 머리를 때려 피해자에게 ‘두피의 열린 상처’를 입힌 것을 비롯하여, 별지 범죄일람표 순번 7, 8, 9 기재와 같이 피해자를 때려 상해를 가하였다.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning B;

1. A report on investigation (Attachment of photographs of damage);

1. Medical certificates, etc.;

1. Marriage relation certificate and health insurance benefit;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the assertion of the Defendant and his defense counsel under Article 62(1) of the suspended sentence of the Criminal Act, the Defendant and his defense counsel do not have any fact by assaulting the victim as stated in the facts constituting a crime, and even if it is recognized that the Defendant inflicted assault on the victim, it constitutes self-defense or legitimate act, since it was merely a ditch to let the victim invaded without permission leave the house of the Defendant.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the Defendant, while living together with the victim during the prosecutor’s investigation process, committed assault and injury to the victim.

or (Evidence Records 280, 281), there is a fluence of the victim, a civil figure, and a civil figure.

or (Evidence Nos. 283), (victims) finite finite finites

or (Evidence Records 284 pages);