Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
피고인은 2017. 2. 2. 20:00 경 경기 양평군 B에 있는 ‘C 식당’ 옆 골목에서, 피해자 D(49 세) 과 술을 마시면서 실랑이를 한 것에 화가 나 주먹으로 피해자의 얼굴을 수회 때리고, 발로 피해자의 얼굴과 온 몸을 수 회 걷어찼다.
As a result, the Defendant inflicted injury on the victim, such as an spawn spathing, which is in need of approximately four weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Each injury diagnosis letter;
1. Application of the Acts and subordinate statutes to the victim's photographic data (netly 1), the victim's photographic data (netly 59);
1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;
1. The scope of punishment by sentence: Imprisonment for one month to ten years;
2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] general injury to the basic area (from April to June) (the basic area (from January to June) (the person who is subject to special sentencing).
3. It is reasonable that the violence revealed at the time of the instant crime, the damage caused by the instant crime, and the victim, immediately after the instant crime, reversed the position that he/she submitted a written application for no punishment, and thus the Defendant’s strict punishment from the investigative agency to the present time, is disadvantageous to the Defendant.
However, considering the circumstances favorable to the defendant such as the defendant's age, sex, environment, motive and background of the crime, relationship with the victim, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, sex, environment, motive and circumstance of the crime, etc.