A defendant shall be punished by imprisonment for six months.

except that 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 D와 2012. 7. 4. 19:20경 인천 남구 E 옆 골목길에서, D가 피해자 F(34세)의 험담을 하고 다닌 것으로 오해한 문제로 피해자가 D와 대화를 나누던 중 D에게 욕설을 하고 이에 대해 훈계한 피고인에게 반말을 하자 화가 나, 피고인은 손으로 피해자의 얼굴을 수 회 때리고, 발로 넘어진 피해자의 얼굴, 몸통을 수 회 걷어찼다.

또한 D는 이를 제지하던 중 피고인이 피해자로부터 맞는 것을 보자 이에 가세하여 손바닥으로 피해자의 얼굴을 수 회 때리고 발로 피해자의 얼굴과 몸통을 수 회 걷어찼다.

As a result, the Defendant, in collaboration with D, inflicted injury on the victim, such as a bridge of a non-fel for about four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, and part of witness D's legal statement;

1. Application of Acts and subordinate statutes on diagnosis of each injury, and photographs of each injury part;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. The defendant asserts that Article 62 (1) of the Criminal Act of the suspended execution of sentence [the fact that there is no record of punishment except the past record of punishment as a fine for violating the Military Service Act, some of the money (6 million won) deposited, the degree of damage, the circumstances leading to this case] did not regard it as a judgment of conviction, the defendant did not see that he was at the time of D, and that the victim cannot be recognized as having suffered four weeks of injury.

However, in full view of all the evidence mentioned above, such as the victim's investigation agency and the victim's specific and consistent statement in this court, the diagnosis of injury, and the victim's bodily injury, the defendant's above assertion is not accepted.