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.

Punishment of the crime

The defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution on August 13, 2019, and the judgment on December 11, 2020 became final and conclusive on December 11, 2020.

[ 범죄사실] 피고인은 2020. 5. 14. 17:10 경 원주시 B 앞을 지나는 C 버스 안에서, 약 1주일 전에 버스에서 하차하던 중 시비가 붙은 적이 있는 피해자 D( 남, 72세) 과 마주치자 “ 이 개새끼야”, “ 이 씨 팔 새끼야! ”라고 욕설을 하며 피해자의 머리 부위를 팔꿈치로 밀치고, 피해자의 허벅지를 발로 걷어찼다.

As a result, the defendant set the right side of the victim to the right side in need of two weeks of treatment.

The Defendant was sentenced to six months of imprisonment with prison labor for an injury and one year of suspended execution on August 13, 2019, and the judgment on December 11, 2020 became final and conclusive on December 11, 2020.

[2] On October 7, 2020, the Defendant: (a) suffered injury on the part of the victim E (n, 67 years old) from the bus at the 15th Haju-si bus terminal No. 171 (dong-dong-dong-dong-dong-dong-dong-dong-dong-si), on the ground that the victim E (n, 67 years old-dong-dong-dong-si) went from the bus and followed the Defendant’s growth; (b) caused injury on the victim’s left side-hand side-hand part of the bus one time, which requires approximately two-day medical treatment to the victim.

Summary of Evidence

【2020 Highest 685】

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs of a medical certificate, the body photographs of victims submitted by the victim, and photographs, - "2037, 1137";

1. Statement by the defendant in court;

1. "Prior records of judgment" of the police statements of E, on-site photographs;

1. Application of the text of the judgment of 2019 High Court, 377, Chuncheon District Court Decision 2019No721, 2020Do14816, the text of the judgment of 2020Do14816, supra

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

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;