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.

Punishment of the crime

피고인은 2013. 11. 27. 05:00경부터 같은 날 06:00경까지 남양주시 C에 있는 D 방 안에서 피해자 E과 함께 저녁밥을 먹던 중 전날 있었던 일에 대하여 대화 중 피해자가 자신을 무시했다는 이유로 격분하여 양손으로 피해자의 목을 조르고, 무릎으로 옆구리를 수회 차고, 주먹으로 가슴을 때리는 등 폭행하여 그녀에게 42일간의 치료를 요하는 흉골 골절상 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Application of the Acts and subordinate statutes of the injury diagnosis certificate (investigative record No. 9 pages);

1. Relevant Article 257 (1) of the Criminal Act and the choice of penalty against the crime, the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the decision of type) of general injury (the general injury): Reduction element of punishment (including a serious effort to recover damage) or where considerable damage has been restored to the reason for sentencing under Article 62 (1) of the Criminal Act (the decision of type) [the decision of the recommended field] mitigation area [the scope of the recommendation area] 2-1 year [the scope of the recommendation area] mitigation area / 2-1 year [the amount of reduction element of general punishment : serious half [whether or not a serious half of sentence has been suspended] - The main reason for the suspension of sentence (including a serious effort to recover damage) - The reason for the suspension of sentence is not less than two times adversely: Before the suspension of sentence and the reason for the general participation: A reflection of positive and contingent crimes: Imprisonment with prison labor [the decision of sentence] 6 months, and one year