A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. 폭행 피고인은 2016. 12. 21. 07:18 경 서울 강서구 곰 달래로 37길 13( 화곡동 )에 있는 화곡 2 동 주민센터 앞 노상에서 오토바이를 타고 이동 중에, 피해자 B( 남, 31세) 이 운행하는 차량에 경적을 울린 사실로 피해자와 시비하다 손으로 피해자의 멱살을 잡고 머리를 친 후 피해자의 정강이 부위를 발로 찼다.

Accordingly, the defendant assaulted the victim.

2. The defendant who damages property shall be exempted from the warning of the victim while assaulting the victim B at the time, place, and place mentioned in paragraph (1) as mentioned in paragraph (1).

Although she was off, she was off of the floor and she was off of the diameter of 70,000 won at the market price of the victim's possession, and she was up of the floor.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (Assaults and Selection of Imprisonment) and Article 366 of the Criminal Act (damage to Property and Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of Category 1 (Assaults) [Scope of the recommended punishment] and the scope of the mitigated punishment [1 month-8 months] and the scope of the assault (Article 1, 6, and 7) where the degree of assault is minor (Article 1, 6, and 7) [the scope of the recommended punishment] and the scope of the mitigated punishment (Article 1, 6, and 7) [the scope of the recommended punishment] and the mitigated area (Article 1-6 months) and the mitigated area (Article 1-6 months), where the actual damage is minor, the final sentencing scope due to the aggravated punishment for multiple crimes: January-1;

2. Determination of sentence shall be made by taking into account the circumstances that the defendant recognized and led to a mistake, the degree of damage, the records of the crime, the circumstances leading to the crime of this case, and other various circumstances that may serve as conditions for sentencing, such as the age, sexual behavior, and environment of the defendant.