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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2016. 6. 13. 11:30 경 용인시 처인구 B 102동 103호에 있는 피고인의 집에서, 배우자인 피해자 C( 여, 41세) 과 시댁에 다녀오는 문제 등으로 말다툼을 하다가 화가 나, 위험한 물건인 나무 옷걸이 봉( 길이 약 120cm) 을 이용하여 피해자의 허리, 엉덩이 부위 등을 수회 때리고, 발로 얼굴 부위를 수회 차는 등 폭행하여 피해자에게 약 2 주간의 치료를 요하는 엉덩이의 타박상 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A damaged photograph and a part of the damaged part of the photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury) concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the case is dangerous for the defendant to inflict bodily injury on the victim in several times with dangerous things, and the crime is not good in light of the risk of the crime.

However, there are no criminal records except for those punished twice by a fine of this kind. The defendant and the victim are simple married couple, and the defendant and the victim have agreed smoothly with the victim, considering favorable circumstances, the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. shall be determined by taking into account the sentencing conditions in the records, such as the defendant's age, sex, criminal conduct, circumstances after the crime, etc.