Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Punishment of the crime

Defendant

B은 2014. 9. 10. 07:40경 경주시 E에 있는 F식당 앞길에서 피해자 G(23세)의 일행들이 길에서 시끄럽게 한다는 이유로, 손으로 피해자의 머리채를 잡아 흔들고 벽으로 피해자의 머리를 밀친 후 좌우로 흔들고 주먹으로 피해자의 머리 및 가슴을 수회 때리고, 피해자가 자신을 뿌리치고 다른 곳으로 피하자 뒤따라가 재차 피해자의 머리채를 잡아 흔들고 주먹으로 피해자의 가슴과 머리를 수회 때리고, 피고인 A은 이에 가세하여 피해자의 머리채를 잡아 머리를 눌러 내린 후 발로 피해자의 얼굴 부위를 1회 찼다.

As a result, the Defendants jointly inflicted an injury on the victim, such as a dushes that need to be treated for about 35 days.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness G;

1. Each legal statement of witness A and H (Provided, That the witness's legal statement of witness A is evidence against the defendant B);

1. G’s statements and Defendant B’s partial statements among the suspect interrogation protocol of the police against H;

1. The police statement concerning G;

1. A criminal investigation report (in cases of attaching photographs of the body of the victim's face), each criminal investigation report (in cases of a suspect), and each criminal investigation report;

1. Application of Acts and subordinate statutes in Part II of the death diagnosis report;

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

1. Selection of the penalty, and the decision of imprisonment with prison labor;

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

1. Probation and community service order (Defendant B) Article 62-2 of the Criminal Act focuses on the degree of injury of the victim for the reason of sentencing, failure to recover damage, and other factors of sentencing indicated in the records of the instant case, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, etc., shall be determined as ordered by taking into account all the sentencing conditions indicated in the records of the instant case