A defendant shall be punished by imprisonment for not less than eight 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

On August 19, 2019, at the “C” restaurant located in Suwon-si B, Suwon-si, Suwon-si, on the ground that the victim D (n, 29 years of age) who is a customer was sprinking the water to sprinking the water of the Defendant in the course of drinking the water of which he was sprinking, he collected sprinking the water of the Defendant at the above sprinking, and asked the victim D, E (n, 26 years of age), the victim F (n, 25 years of age), the victim G (n, 19 years of age), and the victim D, around the same day, 00:10 years of age, led the victims to an assault on the left side of the victim D cafeteria on the road in front of the above cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in D, E, F, and G Preparation;

1. Application of the Acts and subordinate statutes that cut off the cafeteria CCTV images and the victim DNA damaged dynamic images to the extent that the Act and subordinate statutes to cut down the cafeteria images

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed for the crimes of assault against victims who roots their portraits, and the severe crime of assault against victims G with the largest punishment);

1. Selection of penalty: Imprisonment with prison labor;

1. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the crime of assault against victim G and the crime of assault against victim D on August 19, 2019 and the crime of assault against victim D on or around 00:10 on August 19, 2019) of the Act among concurrent crimes, and the crime of assault against victim D with heavy penalty;

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture, recognize the crime of this case, and the fact that the degree of assault is relatively minor is favorable to the defendant.

On the other hand, there is no room to consider the motive or circumstance leading to the instant crime, and in light of the content of the crime, the crime is bad, and even though the period of probation is limited when the instant judgment was rendered, the Defendant did not engage in the instant crime while the period of probation is being suspended.