The punishment of the accused shall be determined by six months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Punishment of the crime

피고인은 2017. 2. 26. 03:00 경 남원시 B에 있는 ‘C 식당 ’에서, 평소 알고 지내는 피해자 D(38 세) 이 술을 마시고 있는 것을 발견하고 피해자에게 다가가 “ 씹할 놈 아 니가 빽이 그렇게 좋다면서, 남원시장 그리고 E 국회의원 빽이 있어, 야 씹할 놈 아 나와. ”라고 욕설을 하며 피해자의 멱살을 잡고 식당 밖으로 끌고 나온 뒤 피해자의 안경을 벗겨 바닥에 던지고 발로 좌측 무릎 아래 부위를 3회 걷어 차 피해자에게 치료 일수를 알 수 없는 좌측 정강이 부위에 피멍이 드는 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing as follows) of the suspended sentence [the scope of recommendation] general injury [the scope of recommendation] and the reason for the minor injury (two to one year) [the person subject to special mitigation] below the sentencing [the sentence] and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by taking into account the following circumstances and other conditions of sentencing.

- An unfavorable circumstance is that the defendant has been subject to criminal disposition such as suspended sentence due to a crime of violence, etc. on several occasions.

- However, there are more favorable circumstances that the defendant's use of violence at the time of the crime of this case is not very serious, and that the injury suffered by the victim is not very serious.

In addition, it is recognized that the defendant is the cause of violence organization, but it is not found that the crime of this case in the record is related to the organization of violence.

Thus, it is difficult to evaluate the fact that the defendant is a member of a violent organization as an unfavorable situation in sentencing.