A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

피고인은 2017. 9. 16. 23:45 경 부산 부산진구 B에 있는 ‘C’ 식당에서, D과 함께 술을 마시던 중 불상의 이유로 D의 뺨을 때려 마침 이를 목 격한 D의 지인인 피해자 E(57 세) 이 그곳에 들어와 이를 항의하자 그곳에 있던 위험한 물건인 의자를 들고 피해자를 수회 내리치고, 계속하여 피해자의 멱살을 잡고 발로 피해자의 옆구리 부위를 수회 찼다.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim during about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of E of diagnosis certificates;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have committed the crime of this case with the intent of carrying the criminal suspect, who is a dangerous object, and thereby having inflicted an injury upon the victim for two weeks of treatment, and the criminal liability is bad.

However, considering the fact that the defendant is against the defendant, the fact that the defendant agreed with the victim, the degree of injury is relatively minor, the fact that there is no particular criminal record since 2006, and other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

Rejection of Public Prosecution

1. On September 16, 2017, the summary of the facts charged is as follows: (a) at the restaurant of “C” located in Busan, Busan, Busan, on September 16, 2017, the Defendant: (b) at the restaurant; (c) on the part of “C” located in D, he was assaulted, i.e., the part of D, which was the seat of D, which was the seat of D, where he sawd with D, for reasons of a fire that he was drinking together with D; and (d) on the part of the victim, the Defendant resisted E, who was a dangerous object at the same time; and (e) continuously flading E’s flick, and continuously flive off the part of the victim’s side part.