A defendant shall be punished by imprisonment for not less than eight 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 2018. 7. 20. 03:30경 서울 영등포구 B에 있는 피해자 C(여, 64세)의 집에서, 피해자 및 지인들과 고스톱을 치던 중 피해자가 돈을 땄음에도 자신에게 차비를 주지 않았다는 이유로 화가 나, 발로 피해자의 턱, 허리부분을 걷어 차 피해자에게 약 4주간의 치료가 필요한 치아의 함입 또는 정출 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C Complaints;

1. Each injury diagnosis letter;

1. C Application of the Acts and subordinate statutes governing the body photo of the deceased;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [category 1] and there is no general injury [specific person] (the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation field and recommendation range], four months to one year and six months;

2. Circumstances disadvantageous to the decision of sentence: The following circumstances are the following: (a) the victim suffered an injury, such as 4 weeks of her fladity, and the degree of the injury, and the behavior of violence, which is harsh, and the defendant has been subject to punishment several times for violent crimes; and (b) the defendant has a favorable circumstance that is not agreed with the victim: (c) the defendant was in a brue relationship with the victim, which led to the crime of this case; (d) the defendant has no penalty capacity to pay a fine or more within the last ten years; and (e) the defendant has paid the victim a part of the medical expenses, and the defendant has paid the victim with some of the medical expenses, and the defendant has maintained his livelihood with the money provided by the State as a basic living beneficiary; (e) the circumstances leading up to the crime, degree and result of the damage; (e) the defendant's age, character, and environment after the crime; and (e)