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 2017. 12. 31. 05:00 경 강릉시 C 소재 ‘D' 주점에서 사회 후배인 피해자 E(39 세) 과 함께 술을 마시던 중, 피해자가 피고인의 이성관계 등 사생활 이야기를 하자 화가 나 피해자에게 “ 나가 있어 새끼야 ”라고 말한 후, 위 주점 밖에서 주먹으로 피해자의 얼굴을 1회 때리고 이어서 바닥에 넘어진 피해자를 발로 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as the pelvise of the right-side executives in need of approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police for E;

1. A medical certificate of injury (E);

1. Domestic investigation report - Attachment of the body photographs of the upper part of the body of the victim, and the damaged photograph;

1. Investigation Report - Attachment of CCTV images for a crime, etc., and the application of each Act or subordinate statute to CCTV images for a crime;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The conditions favorable to the injury of the victim: The defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. shall be comprehensively considered in light of the following circumstances: The victim's mistakes are divided; there is no record of punishment since 1991; the victim has agreed to do so; and the defendant's age, sex, environment, motive and means of the crime;