A defendant shall be punished by imprisonment for not less than five 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 2015. 6. 20. 01:50경 피고인이 목포시 D에서 운영하는 ‘E주점’에 피해자 F(56세)가 술에 취한 상태로 들어와 행패를 부리자 피해자를 가게 밖으로 데리고 나가 말다툼을 하던 중, 피해자로부터 뺨을 한 대 맞자 순간적으로 화가 나 손과 발로 피해자의 몸을 여러 차례 때리고 바닥에 넘어진 피해자의 어깨를 잡고 7m 정도 끌고 가 시멘트 바닥에 피해자의 머리를 찧게 하였다.

As a result, the defendant suffered injury, such as an injury to the victim, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness G;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. A medical certificate (F);

1. - Application of field photographs legislation

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

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 (in cases of a person who is an act of special aggravation, serious injury, or special mitigation: Where the victim has a considerable responsibility for the occurrence of a crime, a person who is a special mitigation: A person who is not subject to punishment);

3. Although the victim suffered serious injury as to whether to render a sentence or suspend execution, the court shall determine the sentence against the defendant within the scope of the sentencing guidelines in consideration of the following factors: (a) the defendant's mistake was recognized and against the defendant; (b) the victim did not want to punish the defendant; (c) the defendant did not have any other criminal records against the defendant; and (d) the defendant's age, character and conduct, etc.