Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 28, 2015, Defendant A expressed a bath on the ground that the victim B (years 36) was unsanitary at the front parking lot of “Fpenta” located in Chungcheongnam-gun, Chungcheongnam-gun, Taean-gun, and brought an injury to the victim, i.e., cutting off the victim’s coke part for about four weeks, considering that the victim B (years 36) was unsanitary.

2. Defendant B, at the time and place specified in paragraph (1), set up against the victim A (the age of 45) in response to drinking the victim’s face four times, and inflicted injury on the victim, such as an opportune and brue, which requires treatment for about eight weeks, on the part of the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of the witness B;

1. The suspect interrogation protocol of the police as to B;

1. Each written diagnosis (referred to the sequence 7, 9, 10, 11, 12 of the evidence list) shall apply;

1. The Defendants: Article 257(1) of the Criminal Act; Articles 257(1) and 257(1) of the Criminal Act; the choice of imprisonment

1. Statutory mitigation: Articles 52(1) and 55(1)3 of the Criminal Act (the punishment shall be mitigated as it was voluntarily surrendered to competent authorities who have the responsibility to investigate the crimes in this case);

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered among the reasons for sentencing);

1. Defendant B: Determination on Defendant A’s assertion under Article 62-2 of the Criminal Act

1. The Defendant asserts that the Defendant did not inflict any injury on the victim B, and even if having inflicted any injury, this is a passive resistance, which is a legitimate act that does not go against the social norms, and thus, the illegality is excluded.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence revealed in the summary of the evidence as to whether the defendant was injured or not, it can be recognized that the defendant inflicted an injury on the victim B as stated in the facts constituting the crime in the judgment.

(1) B immediately after the instant crime (as of May 28, 2015, around 21:00), a person is under medical treatment after being transferred to the Seocho Medical Center at around 23:00 on the same day.