A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

피고인은 2015. 7. 3. 23:20 경 영천시 C ‘D’ 식당의 뒷마당에서, 포장마차 손님인 피해자 E(54 세) 이 그곳에 묶여 있던 개의 목줄을 푸는 것을 보고 그가 개를 훔쳐 간다고 생각하여, 주먹으로 피해자의 얼굴을 수회 때리고 팔을 꺽은 후 바닥에 넘어뜨린 다음, 얼굴을 땅바닥에 눌러, 피해자에게 약 6 주간의 치료를 요하는 좌측 주관절 구상 돌기 골절 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of each protocol concerning the examination of the suspect against the defendant;

1. Statement in the police interrogation protocol concerning E;

1. The defendant asserts to the effect that each description or image of internal investigation report (EA photographs of parts of the damage), investigation report (Attachment of images of the suspect E), investigation report (Attachment of the scene photo), injury diagnosis report (E), investigation report (as to the change of the place of occurrence of the case), etc. (as to the change of the place of occurrence of the case), is not written when the victim's face is taken by drinking.

The following circumstances revealed by the above evidence, i.e., (i) the victim stated at this court and the investigative agency to the effect that “the victim was a drinking face from the defendant,” (ii) the victim’s upper part of the victim’s body (which is on the right side of the victim’s body) can be confirmed by the victim’s photograph immediately after the instant case conforms to the victim’s above statement, and the diagnosis of the victim’s injury corresponds to the victim’s above statement; and (iii) the defendant might have been faced with the victim’s face. However, in light of the size of the latter part of the restaurant of this case, the victim’s body cannot be seen as having occurred around the victim’s body due to gravel; and (iv) in this court and investigative agency, the victim’s face is the victim’s face.