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 becomes final and conclusive.

Punishment of the crime

피고인은 2017. 7. 25. 08:10 경 성남시 중원구 C 대문 앞 계단에서 피해자 D( 여, 79세) 과 피고인이 기르는 강아지의 배설 문제로 다투다가 화가 나 피해자의 팔을 잡고 대문 쪽으로 밀쳐 그곳에 있던 계단의 뾰족 한 곳에 골반을 부딪치게 하여 피해자에게 약 112일 간의 치료가 필요한 좌측 대퇴골 경목 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is that there was a serious injury that requires treatment for about 112 days to the victim, and that the victim did not receive a letter from the injured party.

However, it seems that the old age of the victim was partly affected by the result of the serious condition of the victim, and that the defendant has no record of punishment other than the previous offense of fine in 1979, the confession of the crime of this case and attitude of reflecting it, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.