A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Criminal facts

피고인은 C( 같은 날 구 약식), D( 같은 날 구 약식) 와 함께 2018. 2. 3. 02:30 경 거제시 E에 있는 ‘F’ 식당 앞길에서 G을 때리다가 G의 일행인 피해자 H(28 세) 이 제지를 하자 화가 나, 피고인과 C은 피해자의 옷과 머리채를 잡고 밀어 피해자를 넘어뜨리고, 계속하여 피고인은 주먹으로 피해자의 얼굴을 수 회 때리고, C은 손으로 피해자의 머리채를 잡은 채 주먹으로 피해자의 얼굴을 수 회 때리고, D는 발로 피해자의 얼굴을 수 회 찼다.

As a result, the defendant, together with C and D, injured the victim about two weeks of treatment, such as snow grass and open wound around snow.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning G, H, D, C, and I;

1. Statement made by the police to J;

1. Photographss of related photographs and CCTV images to be taken;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (H);

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (elective of imprisonment);

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

1. The defense counsel's assertion of the protection and observation and the community service order under Article 62-2 of the Criminal Act is argued to the effect that the defendant was drunk at the time of committing the crime, and that the defendant was physically and mentally deprived or physically weak due to depression and a disturbance to the division of labor force.

However, according to the above evidence, it does not seem that the defendant did not have or lacks the ability to discern things at the time of the instant case.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

The reason for sentencing was that the defendant was punished twice a suspended sentence and three times a fine due to violent crimes.

In particular, on June 22, 2017, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor due to a special injury in the Changwon District Court’s branch branch on June 22, 2017.