Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인들은 2019. 8. 18. 01:34경 대구 수성구 C에 있는 ‘D’ 식당 앞에서, 그곳을 지나가던 피해자 E과 그 여자 친구가 들을 만한 목소리로 피고인 A이 피고인 B에게 “저렇게 뚱뚱한 사람도 예쁜 여자를 만나고 다니는데, 형은 뭐하냐.”고 말하여 피해자와 말다툼을 하다가 피고인 A은 팔로 피해자의 얼굴을 밀어 폭행하고, 그 옆에 있던 피고인 B은 이를 거들며 발로 피해자의 엉덩이를 발로 차며, 주먹으로 피해자의 뒤통수를 1회 때렸다.

Defendant B continued to have been used in his place and had a tree interest, which is a dangerous object, the victim. Defendant A made a drinking time to see the head of the victim, and Defendant A was the victim with the main disease, which is a dangerous object, and was the victim once again due to the disease of the main in his place.

As a result, the Defendants carried dangerous objects with the victim's 21-day treatment, thereby inflicting bodily injury on the victim, such as impairment of the face requiring treatment for about 21 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] special injury [the special person] special injury [including serious efforts to recover damage] or considerable damage is recovered (the scope of the recommended and recommended punishment], the mitigated area of imprisonment from 4 months to 1 years [the scope of the recommended punishment revised according to the applicable sentencing], and the range of sentence recommended from 6 months to 1 year sentencing guidelines.