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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who acts as a member of the action group of the Young-gu, a violence organization that acts in the Tong Young-gu.
피고인은 2017. 3. 4. 04:00 경 통영시 B에 있는 피해자 C(33 세) 이 운영하는 식당에서 술을 마시던 중 평소 알고 지내던 지역 후배인 피해자가 술에 취해 피고인의 어깨를 손으로 감싸고 얼굴을 들이미는 등 건방지게 행동한다는 이유로 화가 나 주먹으로 피해자의 얼굴 부위를 1회 때리고, 피해자가 쓰러지자 발로 그의 얼굴 부위를 2~3 회 걷어찼다.
As a result, the defendant put the victim with an influence of the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a record of medical examination and treatment byC), internal investigation report (Attachment of a copy of damage by C);
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment: Imprisonment with prison labor for one month to seven years;
2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is the mitigated area (two months to one year), the mitigated area (including the specially mitigated person] of punishment, non-wons (including the advanced efforts to recover damage), or considerable damage has been recovered;
3. The crime of this case committed by the Defendant on the grounds that the victim, who is a local worship, was committed by assaulting the victim due to drinking and saliva on the ground that the victim, who is a local worship, was acting to prevent a dry-up, and the nature of the crime is bad, and the Defendant has been under criminal punishment several times due to violent crimes
However, it is advantageous to the fact that the defendant is attempting to commit the crime of this case, the degree of injury suffered by the victim is relatively not much severe, and the defendant has agreed with the victim in a unanimous agreement with the victim that the damaged person has not been punished against the defendant.