A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

피고인은 2019. 6. 3. 17:10경 서울 금천구 B 앞 도로에서, 배달용 오토바이 운전기사인 피해자 C(19세)이 운전하고 있던 D 오토바이를 발견하고 평소 골목을 지나다니는 오토바이 소리가 시끄럽다는 이유로 위 오토바이를 운행 중이던 피해자의 오른팔 부위를 발로 찼다.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Investigation report (verification of on-site CCTV images);

1. Application of CCTV Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act are the risk of committing the instant crime, violent crime records, and the fact that it is not agreed with the victim: Provided, That the court shall determine the sentence as ordered by taking full account of all the conditions of the pleadings and the records of the instant case, including the minor damage