A defendant shall be punished by imprisonment for a term of one year and four months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

피고인은 2017. 5. 25. 19:45 경 수원시 장안구 D에 있는 ‘E 호프 ’에서, 다른 손님인 피해자 C( 여, 42세), 피해자 F( 여, 42세) 가 시끄럽게 한다는 이유로 화가 나 주먹으로 피해자 C의 얼굴을 수 회 때려 쓰러뜨린 후, 피해자 C의 몸을 발로 수 회 밟고, 이를 제지하는 피해자 F의 머리채를 손으로 잡아 수 회 흔들고, 주먹으로 피해자 F의 배를 1회 때리고, 발로 피해자 F의 허벅지를 수 회 찼다.

The Defendant committed an injury to the victim C, such as cutting the frame of internal walls, which require approximately six weeks of medical treatment, and assaulted the victim F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police against C;

1. A criminal investigation report (attaching photographs of parts to be taken against damage C);

1. Medical opinion, such as a medical opinion, a written confirmation of hospitalization, a medical certificate, and a medical certificate for injury;

1. Application of Acts and subordinate statutes to photographs, such as field photographs, photographs of victim parts, etc.;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 32 (1) 3 and Article 25 (3) 2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The scope of the sentencing guidelines recommended by the Sentencing Committee;

(a) Crimes of Bodily Injury [Type] Crimes of Bodily Injury (In general) in the aggravated area [Special Aggravation] of Type 1 (Insignificant Bodily Injury], 6 months of imprisonment, - 2 years of imprisonment;

(b) Crimes of assault [type] Crimes of violence: Imprisonment with prison labor for the basic sphere [the scope of recommended punishment] of category 1 (general assault) (the scope of recommendation], two months - October; and

(c) Criteria for handling multiple crimes: Imprisonment with prison labor for six months - two years and five months;

2. The Defendant who was sentenced to criminal punishment has committed the instant crime even though he/she was subject to criminal punishment several times due to the same crime, and, in particular, assaulted the victim of injury with no discrimination.