A defendant shall be punished by imprisonment for six 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 2017. 6. 20 1:50 경 파주시 D 마을 입구 앞 노상에서 피해자 C(51 세 )으로부터 임금 300만 원을 받지 못하여 화가 난다는 이유로 나무 막대기( 길이 약 50cm )를 들고 피해자의 얼굴을 때리고, 넘어진 피해자를 발로 수회 걷어찼으며, 주먹으로 피해자의 얼굴과 주먹을 수회 때려 피해자에게 약 3 주간의 치료가 필요한 치아 아 탈구 및 좌측 귀의 이 충만강 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A medical certificate;

1. The defendant asserts that he/she does not use his/her photograph as a tree sicker to assault the victim;

At the time, the enormous tree period was not found, and the victim did not make a statement to the hospital that he/she was able to do so.

However, the victim clearly made it time for the defendant to do so.

statement is made.

The victim suffered a considerable injury, and immediately after the assault, the face and body of the victim was in a state where the victim was faced with a considerable amount of injury.

Since the defendant left his vehicle after the assault, it is more consistent with the common sense that he does not keep the tree enormous machine used for the assault as it is at the site.

The Defendant was assaulted by himself against the victim.

Although the statement was made, it was impossible to present any data to acknowledge it, and even if the statement was made, it is the degree that the loss was caused, so there is a considerable difference from the degree of injury suffered by the victim.

Comprehensively taking account of these circumstances, the victim’s statements are more reliable.

[3]

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Social service order under the Criminal Act;