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.

Punishment of the crime

1. 상해 피고인은 2013. 5. 14 22:15경 광주 북구 C에 있는 'D식당' 앞 도로상에서 친구 E과 함께 강아지를 산책시키며 걸어가던 피해자 F(여, 23세)을 발견하고, 피해자에게 다가가 아무런 이유도 없이 그녀의 소유인 강아지를 발로 찼다.

이에 피해자가 “왜 그러세요”라고 항의하자, 피고인은 위 피해자에게 “뭐 왜 이러세요 미친년이 너 같은 년에게 개새끼 좀 찼다고, ‘왜 이러세요’ 라는 말을 들어야 하냐 ”고 소리치며, 손으로 피해자의 어깨를 밀치고, 손바닥으로 피해자의 머리와 뺨 등을 수차례 때려 피해자에게 뇌진탕 등의 상해를 가하였다.

2. The Defendant, at the time and place of the above provision, committed an indecent act by compulsion by compulsion by force against the said victim’s chest by turning the said victim’s chest on his own hand with his own hand, and in front and rear, he committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Legal statement of witness F in the third protocol of the trial;

1. The legal statement of witness E in the fourth protocol of the trial;

1. The defendant and defense counsel asserted that the defendant and defense counsel did not engage in any act identical to the facts constituting the crime only once the victim's shoulder was sealed.

According to the above evidence, not only the victim and victim's friendship E but also witness G who does not have any relation with the defendant and the victim made a statement that seems to correspond to the crime of this case.

In addition, according to the witness H's partial statement in the third trial records, Hmado, the defendant's seat, stated that the defendant was pushed down several times including the victim's chest.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 298 of the Criminal Act concerning the crime;

1. Imprisonment with prison labor for choice of punishment;

1. The Criminal Act among concurrent crimes.