Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인의 친형인 D은 2016. 3. 8. 01:20 경 서울 송파구 E에 있는 ‘F’ 식당 안에서 피해자 G(40 세) 와 함께 술을 마시던 중 피해자가 술에 취해 D에게 ‘ 맞짱 뜨자 ’라고 하는 등 시비를 걸어 D이 피해자의 멱살을 잡아 눌렀다.
Since then, the defendant, who received D's phone, tried to arrive in the restaurant and see the victim, and as D speaks, let the defendant out of the restaurant and let the defendant go out of the restaurant, and then D became out of the restaurant.
Out of the restaurant, the Defendant called the victim out of the restaurant, and the victim sawed a tree fish, putting it out, and prevented the victim from getting into and out of the restaurant, and led the victim to go beyond one another.
At this time, the Defendant: (a) took the fluent tree with the fluent spoke as above; (b) took the face of the victim twice by drinking the fluent tree; and (c) took the fluent face of the victim once more than seven weeks, the Defendant inflicted injury on the victim, such as the closure of the bones, which requires approximately seven weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of the accused by the prosecution (including the parts concerning D, G, and H statements);
1. Investigation reports (Attachment of a written diagnosis of injury to a victim);
1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Sentencing sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of punishment recommended on the grounds of sentencing: Imprisonment with prison labor of four months to one year and six months (general injury) basic area (special mitigation/increased: from April to one year and six months): The sentence of punishment is imposed on the defendant who does not have any special relation with the victim for two years of suspended execution in the period of eight months, and the victim was saved and the degree of injury suffered by the victim was significantly significant.