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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2019. 3. 19. 01:20경 청주시 청원구 C모텔 D호에서 일용 노동 동료인 피해자 B(42세)에게 갑자기 “맞짱 한번 뜨자.”고 말한 후 손으로 피해자의 팔꿈치와 손을 붙잡아 바닥에 수회 내리치고, 머리로 피해자의 코 주변을 들이받고, 무릎으로 피해자의 팔을 깔고 앉은 채 주먹으로 피해자의 얼굴을 수회 때렸다.
As a result, the Defendant inflicted injury on the victim, such as closing the bones, which requires treatment for about 8 weeks.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness B;
1. Damage photographs;
1. Application of Acts and subordinate statutes of the Medical Certificate (B);
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;
1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.
3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;