1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인들은 2018. 1. 27. 03:00 경 남양주시 D에 있는 ‘E 주점’ 앞에서, 피해자 F(20 세) 이 술에 취해 행패를 부렸다는 이유로 피고인 B은 피해자의 뒷통수를 1회 때리고, 옆에 있던 피고인 A은 피해자의 얼굴을 주먹으로 수회 때리고, 넘어진 피해자의 몸통을 발로 걷어찼다.

As a result, the Defendants jointly put up the framework of treatment between approximately 21 days, which requires treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the investigation report (the relative investigation of the shots), the investigation report (the counter investigation of the shots G), and the investigation report (the counter investigation of the shots H);

1. Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the same Act, the choice of imprisonment (it shall be taken into account that there are records of being subject to juvenile protective disposition, etc. several times the same type of cases, and that the degree of violence and damage are not easy) Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of a fine (it shall be taken into account as follows)

1. The punishment to be suspended (Defendant B) and the punishment of KRW 500,000 won;

1. Attraction of a workhouse (Defendant B) Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that some of the circumstances leading to the instant case is exempted from consideration, and the fact that it is against the law, etc.);

1. Protective observation and community service order (defendant A) under Article 62-2 of the Criminal Act;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2007Da1248, Apr. 1, 201);