A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2017. 1. 21. 21:35 경 대구 남구 B 앞 노상에서 피고인이 노상 방뇨하는 것을 피해자 C(26 세) 이 기분 나쁘게 쳐다봤다는 이유로 " 뭘 쳐 다 보 노 "라고 말하였고, 이에 피해자가 “ 그냥 본다 ”라고 반말하였다는 이유로 양손으로 피해자의 멱살을 잡아 흔들고 손으로 피해자의 얼굴을 2회 때린 후 당시 뒷짐을 지고 있던 피해자의 멱살을 양손으로 잡고 뒤로 넘어져 피해자로 하여금 그 곳 바닥에 넘어지게 하여 피해자에게 약 6 주간의 치료가 필요한 좌측 근위 상완골 두부 골절을 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A photograph of the suspected person and a written diagnosis of injury;

1. The application of Acts and subordinate statutes to criminal investigation reports (Attachment of a recording file conversation);

1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] The mitigated area (two months to one year and six months) of the mitigated area (the person who has been specially mitigated) [the decision of sentencing] [the defendant who has been punished several times for the same kind of crime in spite of his/her past record of punishment, repeats the crime of this case, and the degree of injury to the victim is not provided against the disadvantage.

However, the punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances such as the defendant's recognition of the crime of this case and reflection of mistake, the fact that the defendant agreed with the victim, and the age, sex, environment, motive and circumstance of the crime, and all other factors of sentencing, such as the circumstances after the crime.