A defendant shall be punished by imprisonment for not less than three 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 2014. 1. 9. 19:20경 제주도 화순항에 정박 중인 B(48톤) 선박 선미 갑판에서 피해자 C(46세)으로부터 “야 새끼야, 니 새끼 땜에 이 배 버려놨다”라는 욕설을 듣자 화가 나, 오른 주먹으로 피해자의 얼굴 부위를 1회 때리고, 발로 주저앉은 피해자의 얼굴 부위를 3~4회, 가슴, 옆구리 부위를 6~7회 걷어 차 피해자에게 약 4주간의 치료를 요하는 폐쇄성 비골골절 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Evidentiary photographs;

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

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: General injury resulting from violent crimes in general;

2. Determination of the scope of sentence: Reduction area, two months to one year (a person who is a person who commits a special mitigation shall not be punished);

3. The sentencing criteria shall be set within the scope of sentencing criteria and the execution thereof shall be suspended, taking into account the fact that the defendant's decision of sentencing or suspended execution is recognized and against his mistake, that the victim is going to the defendant's wife by mutual consent with the victim, that the defendant's age, character and conduct, family relationship, etc.