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.

피고인은 직장 동료인 C과 2016. 4. 2. 04:00 경 의정부시 D 앞 노상에서 대화를 나누던 중 옆을 지나가던 피해자 E(19 세) 이 기분 나쁘게 쳐다보았다는 이유로 다가가 피고인은 “ 뭘 쳐다보냐

”라고 소리치며 피해자의 얼굴을 주먹으로 때리고, 피고인과 C은 합세하여 바닥에 넘어진 피해자의 전신을 발로 수 회 걷어찼다.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of the witness C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the same Act concerning the selection of punishment, Article 260 (1) of the Criminal Act, and Article 260 of the Criminal Act, the choice of imprisonment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his defense counsel asserted that the defendant did not assault the victim jointly with C, and that the defendant alone took the face of the victim.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① in a case where the statements of the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any evidence objectively deemed to have been objectively reliable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). ② However, the victim is consistent with the investigative agency from the investigative agency to this court to the victim’s face, and the victim is aware that he/she took the victim’s face, and is accurate in the defendant’s work after the victim goes beyond the court. However, he/she was raised from two of the defendant’s work behaviors.

(3) At the time of the crime of this case, witness to the crime of this case.