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 became final and conclusive.

Punishment of the crime

피고인은 2015. 6. 8. 19:45 경 서울 양천구 오 목로 350에 있는 오목 교역 6번 출구 앞에서 아무런 이유 없이 술에 취하여, 그 곳을 우연히 지나가던 피해자 C( 여, 22세) 을 향해 피고인이 손에 들고 있던 혁대( 버클 달린 가죽벨트 )를 휘두르는 방법으로 피해자의 왼쪽 귀 뒤 부위를 2회 때려 빨갛게 부어오르게 하고, 위 C의 친구인 피해자 D( 여, 21세) 이 이를 제지하자, 피해자 D에게도 혁대를 휘두르는 방법으로 얼굴과 눈, 머리 부위 등을 약 10회 가량 때려 눈이 충혈되고, 머리가 부어오르게 하는 등 위험한 물건을 휴대하여 폭행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the Acts and subordinate statutes to the leather photographs and the subsidiary photographs of each assault;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and ten months) of the sentencing guidelines (Habitual, repeated, and special assault) is nonexistent;

2. The defendant's determination of sentence was made at the time of several times of the victim's face and hair, etc. by exposing a leather, which is a dangerous thing, and the risk of the act is high, and despite the fact that the defendant had been punished several times for the same kind of crime related to violence, the fact that the defendant committed the crime of this case is disadvantageous to the defendant.

However, considering that the defendant repents his mistake and reflects his depth, that the damage caused by the crime of this case is not serious, that the defendant has no record of punishment heavier than that of the fine, the age of the defendant, and the age of the defendant.