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

In light of the progress, etc. of the trial within the scope recognized as identical to the facts charged, if the court does not give a substantial disadvantage to the defendant's defense, it may recognize the minor facts constituting an offense ex officio without changing the indictment.

The facts charged as to the injury include the facts charged as to the injury by assault within the same scope. In light of the process of the trial in this case, even if the facts charged as to the injury by assault, it seems that there is no substantial disadvantage in the exercise of the defendant's right to defense. Thus, the conviction of the injury by assault without any modification of the indictment should be

피고인은 2015. 8. 11. 23:30경 충북 음성군 C에 있는 피고인이 운영하는 ‘D주점’에서, 피고인과 연인인 E과 피해자 F(여, 43세)이 접객 시간의 연장에 관한 문제로 다투던 중 피해자가 E의 멱살을 잡자 “우리 오빠한테 왜 그래”라고 말하며 피해자의 손을 잡아 떼어 피해자로 하여금 엉덩방아를 찧게 하였다.

Therefore, the defendant suffered injury to the victim, which requires approximately 12 weeks of medical treatment, such as the 12 chest pressure frame and the chilling frame.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, E, and G in part;

1. Certificates of diagnosis and certificates of release on arrival attached to the letter of complaint prepared by the F;

1. The defendant and his defense counsel asserted to the effect that the injury of the victim is not caused by the act of the defendant, in light of the fact that the medical certificate was prepared around September 8, 2015 by the diagnosis around that time when a considerable period of time has elapsed since the date of the occurrence of the instant case. However, the victim's statement and the medical doctor H's reply to the victim's preparation (the following circumstances recognized by the statement of 40 pages of the evidence record, recognized by the statement of 40 pages of the evidence record, are MRI.