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 became final and conclusive.

Punishment of the crime

피고인은 2015. 3. 4. 00:30경 서울 동대문구 C에 있는 ‘D식당’ 에서 순대국을 먹다가 잠이 들어 그곳 종업원인 피해자 E(여, 60세)가 깨우자 화가 나, 피해자에게 위험한 물건인 뚝배기 그릇과 플라스틱 컵을 집어 던지고, 손바닥으로 피해자의 얼굴을 2회 때리고, 발과 무릎으로 피해자의 종아리를 2회 걷어찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV counterpart investigation);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the points agreed with the victim);

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Code of the Suspension of Execution (recognition of reasons for discretionary mitigation) asserts that there is no time between the defendant's act of assaulting the victim's face at the time of the victim's face and the act of assaulting the victim by carrying dangerous articles, since there is no time between the defendant's act of assaulting the victim.

However, according to each evidence of the judgment, in particular, the CCTV images attached to the investigation report, each of the following facts are acknowledged: (a) the fact that the defendant was putting a gate in the direction of the victim; and (b) the putting the gate out of the victim's immediate side floor; and (c) the act of piling up or throwing the object in close vicinity to the victim's body did not directly contact the victim

Even if an unlawful use of force against a victim can constitute an assault, so Supreme Court Decision 4289 Form297 delivered on December 12, 1956, and February 1, 1990