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

『2016고단4295』 피고인은 2016. 8. 14. 04:20경 서울 강서구 B에 있는 ‘C주유소’ 앞 노상에서, 승차하고 있던 택시의 운전기사인 피해자 D(70세)이 목적지까지 빠른 길로 가지 않았다는 이유로 시비를 벌이던 중 갑자기 서행하던 위 택시에서 내려, 이에 피해자가 피고인을 따라와 붙잡자, 피해자를 떨어뜨리기 위해 손에 쥔 휴대전화로 피해자의 우측 팔을 수회 때리고 주먹으로 피해자의 얼굴을 수회 때린 후 피해자의 발을 걸어 넘어뜨려, 피해자에게 약 2주간의 치료를 필요로 하는 요추염좌상 등을 가하였다.

around 04:00 on June 19, 2016, the Defendant 2016 Godan4361, the Defendant saw the breath of the Seoul Yangcheon Police Station located in Yangcheon-gu Seoul, Seoul, and led the victim to the balle of the victim G (ma, 39 years old) by hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. The defendant's legal statement "2016 Highest 4295";

1. Statement made to D by the police;

1. Investigation report (Submission of a written diagnosis of injury to a victim) 2016 Highest 4361;

1. G statements;

1. Application of the Act and subordinate statutes to attach one CD for global CCTV images, and one copy of a photograph of the CCTV closure in front of the F District;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of a long-term sum of punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been punished for violent crimes, he again committed the crime of this case.

However, a suspended sentence of imprisonment shall be imposed on the condition of probation, etc. in consideration of the circumstances, such as the fact that the defendant has led to the crime of this case and that the defendant has repented wrong facts.