A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2016. 4. 20. 06:35 경 인천 부평구 B에 있는 ‘C 주점 '에서 술을 마시던 중, 위 주점에서 근무하는 피해자 D( 여, 21세) 가 영업시간이 끝났으니 나가 달라고 말한 것에 화가 나 손으로 D의 머리채를 잡고 양쪽 뺨과 목 부위를 주먹으로 수회 때린 후, 이에 넘어진 피해자의 다리 부위를 수회 걷어찼고, 위 주점을 운영하는 피해자 E( 남, 35세) 가 피고인을 제지하자 E의 우측 발등을 발로 밟고 주먹으로 얼굴 부위를 3회 때렸다.

As a result, the defendant suffered damage to the victim D by combined physical parts that require approximately two weeks of treatment, and caused damage to the victim E to the right-hand side that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to victims E and D photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Class 1 Crimes [Scope of Recommendation] General Bodily Injury (General Bodily Injury) (one month-one year-one year-one), minor injury (one month-one year-one special mitigation person) and no penalty is imposed;

(b) Class 2 Crimes [Scope of Recommendation] General Bodi (General Bodis) (one month to one year) in the area of special mitigation [Special Contributor], and the scope of final sentence due to the aggravation of punishment for multiple offenders who are not subject to punishment: one month to one year:

2. The Defendant, without any particular reason, committed a crime by assaulting the victims to inflict an injury, and the fact that the Defendant was punished as a violent crime several times, etc. is disadvantageously considered, the Defendant recognized his/her own crime and opposed to the victim, and suffered the victims.