A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

1. 상해 피고인은 2014. 7. 23. 06:10경 안동시 C에 있는 D편의점 앞 노상에서 E, 피해자 F(16세)과 함께 술을 마시던 중 피해자와 E이 피고인에게 욕설하였다고 오인하여 피해자에게 “맞짱 뜨자”라고 말하며 양 주먹으로 피해자의 얼굴을 10회 때리고, 피해자가 바닥에 넘어지자 피해자의 배 위에 올라타 피해자의 얼굴을 10회 때리고, 계속하여 피해자의 좌측 손가락을 잡아 꺾어, 피해자에게 치료일수 미상의 좌측 안면부 타박상 및 좌측 손가락 골절 등의 상해를 가하였다.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, a deadly weapon, etc.) cited the victim E (17 years of age) in the date and place specified in paragraph (1) of the same Article as a brush, a dangerous object in which the Defendant and F were fighting between the Defendant and F, and took the head of the victim once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment with labor), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is the category 6 (Habitual, Cumulative, and Special Violence), the mitigation area (4 to 1.2) of the mitigation area (including those who have been specially mitigated), the punishment is not granted (including those who have been advanced efforts to recover damage), or the considerable part of the damage has been recovered. The second crime of the suspended sentence is a type 1 [the scope of recommendation] and the mitigation area (2 to 1 year) [including those who have been specially mitigated] and the mitigation area (2 to 1 year), or the punishment is not granted (including serious efforts to recover damage).