A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

피고인은 2018. 12. 2. 05:04경 거제시 B, 10층에 있는 'C' 카운터 앞에서, 피해자 D(34세)이 자신의 손님 술값 지불 문제로 동 주점 사장과 대화하는 것을 옆에서 지켜보다가 피해자가 버릇없게 행동한다는 이유로 피해자를 주방으로 데려가서 양손으로 피해자의 목과 머리채를 잡고 뒤로 강하게 밀어 피해자를 넘어뜨리고, 계속해서 오른발로 주방 바닥에 넘어져 대항하지 못한 채 쓰러져 있던 피해자의 좌측 안면을 오른발로 4회 걷어차고, 주점 동료가 만류하여 쇼파에 기대어 있는 피해자의 안면을 1회 더 걷어찼다.

As a result, the defendant suffered damage to the victim from 14 weeks of chills and dives that need to be treated for approximately 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Medical certificate of the victim, medical opinion in charge, and medical record sheet;

1. Application of CCTV image closure photographs and the Acts and subordinate statutes related to reproduction CDs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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 punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment): Reduction element: serious injury [the scope of recommendation area and recommendation range], basic area of injury [the scope of recommendation area and recommendation range], April to June 1.6 months.

3. The crime of this case, upon the determination of sentence, resulted in a serious consequence, such as receiving an emergency operation where the victim insertings the artificial bones due to climatic damage or spine damage. However, the victim currently recovers from the injury and received outpatient treatment. After the prosecution of this case, the defendant paid compensation to the victim after the prosecution of this case, and the victim did not want the punishment of the defendant, and the defendant does not want the punishment.