A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. 상해 피고인은 2015. 10. 12. 23:06 경 동해시 C 소재 피고인이 운영하는 ‘D 식당’ 2 층 화장실 내에서, 피해자 E(27 세) 이 허락 없이 위 화장실을 이용한다는 이유로 손으로 피해자의 멱살을 잡은 뒤 주먹으로 피해자의 얼굴 및 가슴 부위를 수회 때리고 발로 피해자의 복부를 1회 걷어찼다.

이에 피해 자의 일행인 F이 위와 같은 폭행을 제지하면서 피해자를 화장실 밖으로 데리고 나왔음에도, 피고 인은 위 화장실 앞에서 재차 주먹으로 피해자의 가슴 부위를 2회 때리고 발로 피해자의 복부를 1회 걷어찼다.

As a result, the Defendant suffered from the injury of the victim, such as the inside, fluoral, fluoral transfusion, and fluoral transfusion, and around 2 weeks of treatment, such as gluoral and gluoral eye and gluoral eye around gluoral, and damage to the gluoral nature of bru

2. The Defendant, at the time and place specified in paragraph 1, got the victim G (26 years) from the above E, during the time and place specified in the above paragraph 1, she got the victim’s shoulder, who was in the stairs, to take the part of the victim’s shoulder on his/her hand, and went beyond the victim by pushing the victim.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of injury) of the choice of criminal facts and the choice of imprisonment with prison labor for each of the following reasons:

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. Although there was a record of multiple punishments for the reasons of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, it does not result in recovery of damage before 2008: Provided, That the scope of the recommended sentence on the sentencing guidelines [4 months of imprisonment - 1 year : 4 months of imprisonment with prison labor, which is the recommended sentence for basic injury: 1 year : 4 months of imprisonment with prison labor, which is the recommended sentence for basic injury ( violent crime; 2.).