피고인은 2018. 8. 21. 03:34경 서울 도봉구 B에 있는 ‘OOO 주점’에서 옆 테이블에서 술을 마시던 피해자 C(23세)의 일행들과 서로 쳐다본 것을 이유로 시비를 벌이던 중, 화가 나 주먹으로 피해자의 얼굴을 때려 넘어뜨린 후, 발로 넘어진 피해자의 얼굴 부분을 수 회 걷어찼다.

As a result, the defendant suffered injury to the victim, such as the cutting of the frame and floor in need of about 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of C and E;

1. A written statement of F and G;

1. Application of investigation reports, 112 reported case processing records, injury diagnosis records, investigation reports (CCTV video recording records confirmation and suspect additional entry reports) and CD-related Acts and subordinate statutes;

1. Article 257(1) of the Criminal Act applicable to criminal facts, Article 257(1) of the Criminal Act of the choice of punishment, and Article 257(1) appears to recognize and reflect the instant crime, and the fact that the victim appears to be liable to a certain extent for the occurrence of the crime is favorable to the Defendant.

However, the fact that the defendant has been punished for violent crimes, and the degree of the victim's injury is very serious, but the recovery of damage is not proper, and the defendant is sentenced to a sentence against the defendant.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as favorable or unfavorable to the defendant, such as the age, character and conduct, environment, motive for the instant crime, and circumstances before and after the commission of the crime.