A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2018. 6. 19. 07:05경 경기도 안양시 만안구 C에 있는 D웨딩홀 지하3층 기계실 안에서, 하청업체 직원인 피해자 B(57세)가 평소 자신을 무시한다고 생각하다가 갑자기 화가 나 그곳에 누워서 휴식을 취하던 피해자에게 “야 개새끼야 일어나. 씨팔놈아”라고 욕설을 하면서 피해자의 머리와 몸통 부위를 주먹으로 수회 때리고, 하청업체의 다른 직원이 이를 만류하자 잠시 멈추었다가 다시 피해자의 머리를 주먹으로 때려 피해자가 쓰러지자 오른발로 피해자의 옆구리를 수회 걷어찼다.

As a result, the Defendant inflicted an injury on the victim, i.e., 8, 9 cages at cages at 28 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 32(1)3 and (2), and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (the existence or scope of Defendant’s liability for compensation is not clear) of the Act on Special Cases concerning the Punishment of Crimes against the Defendant for reasons of sentencing, which has the power to punish the Defendant due to multiple violent crimes, and the nature of the offense and the degree of injury as a result of the act committed by the Defendant, are disadvantageous circumstances.

However, there are favorable circumstances, such as recognizing the defendant's mistake, compensating the victim for damage caused by money, and having no record of criminal punishment exceeding the fine.

Comprehensively taking into account the aforementioned circumstances and the circumstances leading to the instant crime, the age, character and conduct, environment, and circumstances after the commission of the instant crime, and all of the sentencing conditions stated in the arguments and records, the punishment as ordered shall be determined.