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 of the final judgment.

Punishment of the crime

피고인은 2014. 1. 3. 21:00경 전남 영암군 C에 있는 'D' 호프집에서, 피해자 E(43세)의 일행과 합석을 하여 술을 마시던 중 술에 취한 피해자로부터 “씨발 새끼야, 5병을 마시지 않으면 여기서 못 간다”라는 욕설을 듣자, 손으로 피해자의 뺨을 1회 때리고, 피고인의 조카인 F은 피해자에게 “왜 우리 삼촌한테 욕을 하느냐“라며 주먹으로 피해자의 얼굴을 여러 차례 때리고 피고인도 이에 가담하여 주먹으로 피해자의 눈 부위를 때리고, 바닥에 쓰러진 피해자의 얼굴을 발로 2회 찼다.

As a result, the Defendant, in collaboration with F, inflicted an injury on the victim, such as the right side of the victim in need of approximately eight weeks of medical treatment, and the rupture of internal walls.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement made to H, I, and J;

1. A written diagnosis of injury to H;

1. Application of statutes on photographs of damage;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act as to the facts of crime, and Article 257 (1) of the Criminal Act. Article 257 (1) of the Criminal Act (Consideration of Imprisonment and Consideration of the extent of injury inflicted by the victim);

1. Suspension of execution of sentence: From 4 months to not more than 1 year and not more than 6 months, which are recommended in the sentencing guidelines, taking into account the facts that the defendant has committed a crime, is against the recognition of a crime, has agreed to pay 12.5 million won to the victim, has no record of criminal punishment in the Republic of Korea, and support one wife and one child, etc. (in the basic area of crimes of violence, general injury: Special mitigation factors in the first category of punishment: Non-members of punishment, special aggravation factors of special aggravation: Determination of period of punishment as the order, whichever is heavy injury, and postponement of execution of the sentence shall be postponed);