An application for compensation by an applicant for compensation shall be dismissed.

The defendant and C (the suspension of indictment on the same day) are relatives.

On June 9, 2019, the Defendant and C met with the victim B (the 33 years of age) who had been engaged in drinking in the past drinking in the vicinity of E drinking house located in D in the south of the new wall, and C met with the victim on the ground that the breath of drinking in the above drinking house is bad, and C did the breath of drinking while drinking.

피고인은 같은 날 04:00경 위 술집 앞 노상에서 피해자에게 ‘집에 들어가라’라고 말을 하였으나 피해자가 이를 따르지 않았다는 이유로 화가 나 주먹으로 피해자의 얼굴을 2대 때려 피해자를 땅에 쓰러뜨리고, C은 달려와 발로 피해자의 머리 부위와 어깨 부위를 각 1회 걷어차고, 피고인은 재차 발로 피해자의 머리 부위를 1회 걷어차고, C은 재차 발로 피해자의 몸통 부위를 걷어찼다.

As a result, the Defendant, in collaboration with C, inflicted injury on the victim, such as blood transfusion under the trauma of the external trauma which does not have an open address for about 8 weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A written statement of I and J;

1. A medical certificate;

1. CCTV CDs;

1. Application of investigation report (to hear the victim's statement or hearing report), telephone recording CD-related Acts and subordinate statutes;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with labor or imprisonment with labor for a crime;

1. The conditions under Article 32(1)3 and (2) (the scope of liability of an applicant for compensation is not clear) of the Act on Special Cases concerning the Dismissal of Action, etc. of Application for Compensation, and the following conditions of sentencing shall be determined by comprehensively taking into account the following conditions of sentencing: the Defendant’s age, character and conduct, environment, motive and circumstances of each of the instant offenses, means and methods, circumstances after the commission of the offense, etc. and the conditions of sentencing as shown in the trial process.

The favorable circumstances: the defendant recognizes the crime of this case as a substitute and reflects his mistake.