Text
A defendant shall be punished by imprisonment for four 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.
Reasons
Punishment of the crime
『2018 고단 205』 피고인과 C은 2017. 11. 16. 05:00 경 서울 송파구 D 소재 ‘E’ 음식점에서 피해자 F(25 세) 이 나이를 속였다는 이유로 시비되어 C은 피해자를 발로 차고, 피해자의 머리를 붙잡아 무릎으로 2회 올려 찍고, 주먹으로 얼굴을 수회 때리고, 피고인은 이에 가세하여 주먹으로 피해자의 머리를 때리고, 넘어진 피해자의 얼굴을 왼발로 2회 찼다.
As a result, the Defendant and C jointly inflicted injury on the victim at the time of the victim, including approximately 21 days of treatment.
The Defendant, around January 26, 2018, 2018, 2542, around 05:17, at the victim H's house located in Songpa-gu Seoul Metropolitan Government, performed drinking by drinking alcohol on his/her hand, such as smelling expenses, alcohol disease, and powder in the house, and damaged the market price and damaged them.
Summary of Evidence
"2018 Highest 205"
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of each police officer against C or I;
1. Statement made by the police with regard to F;
1. Written Statement;
1. Each investigation report (No. 6,12 once a year);
1. Photographs of victims and a written diagnosis of injuries "2018 Highest 2542";
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of Acts and subordinate statutes to photographs destroying property;
1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (2) 3 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act (the point of joint injury) and Article 366 of the Criminal Act, and selection of imprisonment with prison labor;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Application of the sentencing criteria;
A. The crime No. 1 (joint injury) (the scope of a recommendation) general injury area of Type 1 (General Injury) (Article 1) (Article 1) (Article 1) (Article 1 (Article 2-1) (Special Sentencing) (Article 2-1) (Article 1 (Special Sentencing) is not punishable, or considerable damage is recovered.