Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2013. 6. 4. 00:30경 천안시 동남구 B에 있는 ‘C주점’에서 술에 취한 상태로 별다른 이유 없이 손으로 피해자 D(16세)의 뺨을 수 회 때리고 발로 그의 배를 걷어찬 후, 손으로 피해자 E(16세)의 뺨을 수 회 때리고 주먹으로 위 피해자의 눈을 때린 후 발로 그의 얼굴을 걷어찼다.
As a result, the defendant tried to put the victim D with the inside and outside of the treatment days, etc., and the victim E with the unexplosion of the treatment days.
Summary of Evidence
1. Defendant's legal statement;
1. Each self-statement of E and D;
1. Application of the Acts and subordinate statutes governing body photographs;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. Article 62-2(1) and (2) of the Probation Criminal Act, despite the fact that the defendant had been punished several times for the same kind of crime, the defendant's liability for the crime of this case is not minor in that he again commits the crime of this case;
However, the sentence like the order shall be determined in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, and environment, the fact that the defendant's mistake is recognized, the victim's agreement is reached, and the injury is not deemed to be serious.