A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 3. 2. 14:35 경 청주시 상당구 C 아파트 203동 610호에 있는 피고인의 집에서, 함께 술을 마신 후 피고인을 부축하여 집까지 데려 다 준 피해자 D(49 세 )에게 술에 취해 별다른 이유 없이 “ 나보다 어린 놈이 까분다” 고 말하면서 주먹으로 피해자의 얼굴을 수 회 때려 피해자의 안경이 바닥에 떨어지게 하고, 발로 피해자의 배와 다리 등을 찼다.

On the other hand, the Defendant continued to have been faced with the head of the victim due to the soldiers who were in the military.

As a result, the defendant committed the victim's assault, such as the victim's treatment days, and at the same time, damaged the victim's safety while maintaining the repair cost of approximately KRW 300,000,000, by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to hear statements additionally made by a victim);

1. A receipt (a written estimate for identification);

1. Application of the Acts and subordinate statutes on photograph description;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Article 366 of the Criminal Act, and Articles 261 and 260(1) of the Criminal Act (the point of special assault);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he had been punished several times for violent crimes in the past, and even if he had the record of punishment, the Defendant committed the instant crime; the act of putting the victim's head into custody is a considerable disadvantage to the Defendant; the Defendant’s act of putting the victim's head into custody is an agreement with the victim; the Defendant voluntarily agreed to the Defendant; the confession of and reflects the instant crime; and the Defendant has no criminal record of the suspended sentence for the last ten years.

In addition to the above circumstances, the records of this case and the theory of change.