A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

피고인은 2016. 9. 13. 02:10 경 사천시 C에 있는 D 노래 연습장 앞 도로에서 술에 취해 도로 바닥에 앉아 잠을 자 던 피해자 E(51 세) 을 발견하고 피해자를 깨워 집으로 돌려보내려고 하던 중 피해자와 시비가 되어 피해 자로부터 주먹으로 얼굴 부위를 1회 맞게 되자 피해자를 바닥에 넘어뜨린 후 그 자리를 떠나려고 하였으나 피해자가 계속하여 피고인의 바지를 붙잡으며 피고인을 가지 못하게 하는 것에 화가 나 피해자의 머리 부위를 발로 1회 힘껏 걷어찼다.

As a result, the Defendant caused the victim's severe recognition function decline due to the thromatic blood, the two internal surgery, etc., and the degradation of judgment ability degradation, which is accompanied by the victim's injury to the victim's injury, thereby resulting in an incurable or incurable disease.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site internal investigation reports, field photographs, 112 reports, internal investigation reports (as to the current status of the suspect E), internal investigation reports (as to the attachment of diagnosis reports and opinions), internal investigation reports (as to the attachment of CCTV image data), written opinion opinions, investigation reports (as to the attachment of CDs), CCTV image data recording CDs, investigation reports (as to the attachment of written request for appraisal), written request for appraisal, investigation reports (as to the attachment of punishment against the suspect E and the personal and mental condition of the suspect E), investigation reports (as to the body and mental condition of the victim E), investigation reports (as to the body and mental condition of the victim E), duplicate of medical records, and investigation reports (as to the body and mental condition of the victim E), and application of statutes applicable to investigation reports (as to the confirmation of the intent of the victim in charge of the current status of the victim);

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

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 of the community service order;

1. The scope of applicable sentences under the law: Imprisonment for one year or more.