A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

The defendant and the victim B(n, 34 years of age) are all related relationships.

1. 상해 피고인은 2019. 6. 27. 21:00경 서울 송파구 올림픽로 265에 있는 잠실역 개표구 인근의 상호불상의 책방 앞에서, 피해자가 헤어지자고 통보하고 대화에 응하지 않자 화가 나, 피해자가 귀에 착용하고 있던 이어팟을 뺏어 손에 쥐고 있다가 피해자가 피고인의 손을 펴서 이를 가져가려고 하자 피해자의 오른손 검지 손가락을 물어 피해자에게 약 15일의 치료가 필요한 ‘타인에 의해 물림’ 상해를 가하였다.

2. The Defendant committed assault to the victim by putting the victim a taxi door and drawing the body of the victim into the body of the victim, depending on the victim who intends to see the Defendant’s taxi in the temporary border as referred to in the above paragraph (1) and near the diving station located in Songpa-gu Seoul Olympic Games, Songpa-gu, Seoul, and 265.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on the medical certificate and receipt of medical expenses;

1. Relevant Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor) that govern the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of the sum of the long-term punishments for the crimes of serious injury) of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act was that the victim, who was a one-year relationship, assaults the victim as stated in the facts constituting a defect in the judgment of the court below. In light of the circumstances of the crime and the details of the crime, etc., the responsibility for the crime is not easy.

In addition, the Defendant’s bullying the victim by finding an agreement at the victim’s house after the instant case and closing the agreement, and thus, the Defendant’s statement against the victim and the list of evidence No. 11.