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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.
Reasons
Punishment of the crime
[Judgment of the court below] The defendant is the relation between B, C, D and Marine Corps discharged from active service.
On September 9, 2019, the Defendant, together with the above B, C, and D, posted alcohol to the victim G (ma, 22 years of age) who was a side of the Defendant while drinking alcohol at the “F’s main point located in Busan Jung-gu, Busan, and China.
The above B, at the same time and place, was sealed the chest of the victim, was frightened by both hands, was frightened by the victim, and the above C, which was next to it, was frightened twice by the head of the victim.
The above B, C, and D continued to take the victim out of the above main point, and the following B were frightened by less than the table of the victim, and the above C was frightened by drinking and fishing village to the head and bridge of the victim, the victim was frighten by the hand, and the above D was when the head of the victim was frightd by drinking.
【Criminal Facts】
피고인은 2019. 9. 9. 02:41경 부산 중구 H에 있는 I 커피숍 계단에서, 피해자에게 위 B, C, D이 피해자를 때린 일을 사과하다가 피해자와 시비가 붙어 화가 나, 주먹으로 피해자의 얼굴 부위를 수회 때리고, 발로 피해자의 다리 부위를 수회 걷어찼다.
As a result, the Defendant inflicted injury on the victim, such as “an excessive fever,” which requires approximately eight weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police officer in relation to G, C, D, and B;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. The grounds for sentencing under Article 62(1) of the Criminal Act are against the defendant, the primary offender, the agreement with the victim, the defendant's age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., shall be comprehensively taken into account as a whole the various conditions of sentencing as shown in the arguments in the instant case.