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.

Punishment of the crime

피고인은 2014. 1. 2. 16:45경 인천 강화군 C에 있는 D시장 2층 ‘E식당’에서 장시간 술을 마시다가 자리에서 일어나는 것을 본 종업원인 피해자 F(여, 58세)으로부터 "그만 테이블을 치워도 되겠냐"는 말을 듣게 되자 기분이 나쁘다는 이유로 화가 나 오른손으로 피해자의 오른쪽 빰을 1회 때리고, 계속하여 손으로 피해자의 몸을 밀쳐 허리가 테이블에 부딪쳐 넘어지게 하여 피해자에게 치료일수 미상의 요추의 염좌 및 긴장 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general injury shall be the basic area ( April to one year and six months) (special person) of the first category; and

2. Determination of sentence: (a) the fact that the defendant was unable to recover damage to the victim and was punished for the same kind of crime is disadvantageous; (b) the defendant led to confession of and reflect against the crime of this case and has no record of being sentenced to a stay of execution or more severe punishment; (c) the degree of damage to the victim is not significant; and (d) the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case; and (e) the circumstances after the crime, etc., a suspended sentence shall