Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

except that for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인들은 2019. 2. 20. 03:00경 김포시 D에 있는 ‘E’에서 피해자 C(59세)가 그곳 식탁 위에서 엎드려 잠을 자는 것이 눈에 거슬린다는 이유로 피고인 A은 손바닥으로 피해자의 머리를 약 3회 때리고, 이에 피해자가 일어나자 피고인 B은 피해자에게 다가가 손으로 피해자의 등을 수 회 때리며 주먹을 피해자를 향하여 때릴 듯이 휘두르고, 이어서 컵에 들어있던 물을 피해자의 얼굴을 향하여 뿌리고 피해자가 앉아 있던 의자를 빼서 피해자를 바닥에 넘어트린 뒤 발로 피해자의 다리 부분을 1회 걷어찼다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s statement;

1. Application of the police investigation report and CCTV-cap photograph Acts and subordinate statutes;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 32(1)1 and 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation (not subject to the Act on the Punishment of Violences, etc., and the agreement between the Defendants and the applicant for compensation has been reached, etc., the existence of liability for compensation or the scope thereof is unclear in light of the fact that the crime of this case is committed on the grounds that the Defendants, who had been sentenced to a fine for violent crime, committed the crime of this case on the grounds that it was sleep that the Defendants, who were sentenced to a fine on the ground that he was slick up on the table above,

However, it is advantageous to the Defendants, such as the fact that the Defendants were led to confession and reflective attitude, that there was no history of punishment exceeding the fine, that the victims and the victims have agreed smoothly, and that the supporters appeal against the vessel.