A defendant shall be punished by imprisonment for not less than eight 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

피고인은 2017. 5. 12. 22:25 경 서울 동작구 B 노상에서, 피해자 C( 남, 58세) 이 자신에게 반말하였다는 이유로 화가 나, 오른손으로 피해자의 왼쪽 얼굴 부위를 1회 때리고, 왼발로 피해자의 옆구리를 1회 찼다.

이에 피해 자의 일행들이 피고인을 말리고 피해자가 주먹으로 피고인의 어깨를 1회 때리자, 피고인은 왼발로 피해자의 옆구리를 1회 찼다.

As a result, the defendant suffered injuries to cage cage cage cages that require approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of an injury diagnostic certificate, CD (CCTV image) statute;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of punishment by law: Imprisonment with prison labor for one month and seven years;

2. Application of the sentencing criteria;

(a) Determination of types: One type (general bodily injury) of general injury to violent crime>

(b) The area of recommendation and the decision of a recommended sentence: Basic area, imprisonment with prison labor, April and one year and six months.

3. Circumstances unfavorable to the decision of sentence: The punishment shall be determined as per the order, comprehensively taking into account the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime in this case and the circumstances after the crime, etc., and the various kinds of sentencing conditions that are shown in the course of trial, such as the records of this case and the circumstances after the crime, etc.