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 피해자 B(40세)와 C에서 알게 된 지인으로, 피고인은 2019. 2. 23. 15:15경 부천시 D 원룸" ㅇㅇㅇ호에 있는 피해자의 집에서 피해자와 함께 술을 마시던 중 아무런 이유 없이 갑자기 피해자를 밀쳐 넘어트린 후 주먹으로 피해자의 얼굴을 수회 가격하여 피해자의 코뼈를 부러뜨림으로서 피해자에게 약 4주간의 치료가 필요한 비골의 골절 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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. In full view of the following: (a) the degree of injury of the victim for the reason of sentencing, (b) Article 62-2 of the Act on Probation, Order to Attend, and Medical Treatment and Custody, Article 44-2 of the Medical Treatment and Custody Act, and Article 44-2 of the Act on the Medical Treatment and Custody, etc., and the fact that the defendant has many records of criminal punishment for the same kind of crime, or (c) the defendant recognizes and reflects his/her mistake, (d) the fact that the defendant agreed with the victim, (e) the victim's reliance on alcohol, and (e) the defendant appears to have had an impact on the instant crime, it is deemed that it is desirable

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, various circumstances revealed in the oral proceedings, such as circumstances after the crime, and the sentencing guidelines of the Sentencing Committee shall be determined as per the order.