A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2013. 2. 1. 04:40경 평택시 C노래타운 6번방에서 피해자 D가 술에 취하여 막말을 하고 테이블을 발로 걷어찼다는 이유로 피해자의 머리를 주먹으로 때리고 바닥에 넘어뜨려 발로 옆구리를 1회 걷어차는 등 피해자에게 4주간의 치료를 요하는 치아 측방탈구(상악 우측 및 하악 우측 중절치), 치아 아탈구(상악 좌측 중절치), 우측 안와 내벽 골절, 안면부 비골골절, 다발성 좌상, 우측 전두부 및 눈썹부 근육파열을 동반한 심부 열상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant committed a bodily injury with the victim who met at his age club along with his/her daily behaviors, resulting in a conflict between him/her, and thus, the defendant was subject to a fine due to the same kind of crime, and the degree of injury to the victim seems to be relatively heavy. However, the criminal liability cannot be said to be mitigated in light of the fact that the defendant recognized the crime, the defendant was against himself/herself, the defendant deposited 3 million won as the name of the victim's repayment, the defendant deposited 3 million won as the name of the victim's compensation, and the defendant did not have any criminal record exceeding the fine, etc., and the sentence of probation is to be imposed on the condition of community service order.