A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

『2018 고단 860』 피고인은 2018. 4. 12. 13:10 경 구미시 D에 있는 E 사 종무소에서 피해자 F(75 세) 와 언쟁을 벌이던 중 피해 자로부터 폭행을 당하자 이에 화가 나 양손으로 피해자의 멱살을 잡아 흔들고, 오른손으로 피해자의 얼굴 부위를 1회 때려 넘어뜨리고, 피해자가 일어서자 재차 발로 피해자의 가슴 부위를 1회, 정수리 부위를 2회 찼다.

As a result, the defendant suffered from approximately six weeks of medical treatment, such as cage cages, etc.

The Defendant, at around 15:00 on January 31, 2018, sent an order to the victim J (Y, 55 years of age) working in the Gyeongcheon-gun, Chungcheongnamcheon-gun to perform the duties related to the inspection, on the ground that the said victim did not perform the duties he/she made a verbal answer without having been doing so, and the Defendant, on the ground that he/she was living in the inside and outside part of the victim and the back part of the victim on drinking, was sleeped, and caused injury, such as brain salins, which requires treatment for the victim at around three weeks on the floor of the victim when he/she can breath of the part and the back part of the victim on drinking.

Summary of Evidence

"2018 Highest 860"

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A medical certificate;

1. Photographs "2018 Highest 1044";

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. Application of statutes on site photographs;

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

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

1. Crimes of bodily injury to the victim J [Tangible Determination] The basic area of the first type (Determination in the sphere of recommendation] (Determination in the sphere of recommendation] [Scope of punishment] from April to one year and six months [whether suspended sentence is suspended] - General extenuating circumstances (negative): Criminal records of suspended sentence at least twice;

2. Crimes of injury to the victim F [the type of determination] violence.