Defendant

A does not pay the above fine.

피고인들은 2019. 2. 23. 00:30경 충남 예산군 C에 있는 'D' 앞 노상에서 피해자 E(22세)이 피고인 A의 여자친구인 F 등과 서로 시비가 되어 말다툼을 하였다는 이유로 피고인 A은 피해자에게 “야 이 새끼야, 뒤질래, 너 뭐라고 했어.”라고 욕설을 하면서 들고 있던 아이스크림을 피해자를 향하여 던지고, 피고인 B은 손으로 피해자의 어깨를 잡고 피해자의 다리를 걸어 바닥에 넘어뜨린 다음 오른발로 피해자의 얼굴 부위를 1회 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the victim, such as a dushe in need of medical treatment for about 28 days.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of CCTV-faging statutes;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (Selection of Fine): Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 2 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (2) of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A of the provisional payment order: Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act;

1. The possibility of criticism and the risk of repeating the crime of this case is high immediately after Defendant A was released from prison.

However, more favorable sentencing factors such as the defendant's act is not the victim's injury because of the defendant's act to the extent that the defendant's act was about ice cream, and the victim's act is not the victim's punishment but the defendant's act is against the defendant.

The punishment shall be determined by comprehensively taking into account the above circumstances and various sentencing factors, including the age, occupation, and environment of the defendant.

2. Defendant B

(a) The scope of recommendations according to the sentencing criteria (determination of types) shall be limited to the general injury (type 1).