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.

1. On March 5, 2016, at the main point of “C” located in Seongdong-gu Seoul Metropolitan Government, around 22:00, the Defendant: (a) caused the victim D (51) to become the victim himself/herself; (b) on the ground that the victim’s face cannot be known when taking care of the victim’s face, without any particular reason, on the ground that the victim’s face cannot be known.

2. 폭행 피고인은 위 1. 항과 같이 피해자 D에게 상해를 가한 것으로 성동 경찰서에서 조사를 받고 석방된 후 2016. 3. 6. 01:00 경 위 C 집으로 가서 다시 술을 마시고 있었는데, 때마침 일행과 함께 위 호프집으로 들어오던 피해자를 발견하자 피해자에게 " 야, 개쌔끼야, 씹할 놈 아 “라고 욕설하며 주먹으로 피해자의 배 부위를 1회 때려 피해자를 폭행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to a report on investigation (receiving written opinions, etc.);

1. Relevant Article 257(1) 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Class 1 Crimes (Bodily Injury) (Scope of recommended punishment) in general: The basic area (from April to June 1);

(b) Class 2 crime (Assaults) (Scope of recommended punishment) and the basic area (two months to ten months).

(c) The scope of final sentence due to the aggravation of multiple offenses: April to November; and

2. The sentence of imprisonment is to be sentenced inasmuch as the Defendant, who has committed a second offense despite the force of violence, committed a crime.

Provided, That the execution of the punishment shall be suspended by determining the term of punishment in consideration of the fact that the defendant recognizes the crime and reflects it.