피고인은 2018. 8. 10. 21:00경 서울 중랑구 면목동 소재 중랑천 물놀이장 옆 자전거 도로에서, 피해자 B(65세)가 함께 윷놀이를 하다가 기분을 나쁘게 하였다는 이유로, 앞서 가는 피해자가 탄 자전거를 피고인이 탄 자전거로 들이받아 피해자를 바닥에 넘어뜨린 후, 피해자의 얼굴, 가슴 부분을 손으로 수회 때리고 발로 수회 차, 피해자에게 약 2주간의 치료를 요하는 안면부 표재성 손상 및 타박상 등을 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement concerning B;

1. An investigation report (as regards the present state of the victim B), a criminal investigation report (or a diagnosis of witnesses around the field), a criminal investigation report (assigning a copy of the victim B medical record);

1. Each injury diagnosis letter;

1. Listening to the statements of witnesses, witnesses, and the application of the Acts and subordinate statutes on telephone recording CDs to their statements;

1. Article 257(1) of the Criminal Act applicable to criminal facts, Article 257(1) of the Criminal Act, Article 257(1) of the choice of criminal punishment, the defendant’s reason for sentencing sentencing of imprisonment with prison labor is a violent crime, the degree of injury of the defendant is not less than that of the victim, the defendant did not agree with the victim, and there is no trace of efforts made by the defendant to reach an agreement, and the defendant does not vindicate and reflect that the victim was committed when the victim was satisfeed first while the victim was satisfeed, regardless of the defendant’s unilateral assault, and the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after