A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 9. 30. 19:20경 창원시 마산합포구 지산1길71에 있는 지산 숲 내에 있는 정자에서, 피해자 B(54세)외 4명의 일행과 함께 술을 마시다가 피해자로부터 욕설을 듣자 화가 나 손바닥으로 피해자의 빰을 2-3회 때려 바닥에 넘어뜨린 후 발로 피해자의 옆구리를 5-6회 걷어 차 피해자에게 약 28일간의 치료가 필요한 제1늑골 이외 단일 늑골의 골절상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations based on the sentencing guidelines: Where the mitigated area (two to one year), the mitigated area (including specially mitigated persons), the penal penalty (including advanced efforts for recovery of damage), or considerable damage has been recovered from two months to one year (the scope of recommending punishment) of imprisonment;

2. Determination of sentence: The sentencing conditions, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be set as the order.

Unfavorable circumstances: The crime of this case was committed even though there was a number of records of punishment for the same kind of crime.

The extent of injury is not easy due to the cutting of cages of victims.

The favorable circumstances: The crime of this case is against the law.

In agreement with the victim, the victim does not want the punishment of the defendant.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.