The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

피고인과 B은 형제지간으로서, 2019. 2. 24. 15:00경 용인시 수지구 신수로 683번길 31 수지체육공원 축구장에서, 축구장 트랙을 달리던 피해자 C(91세)가 자신들의 애완견을 발로 1회 걷어찼다는 이유로 화를 내며 피해자에게 다가가 B은 피해자의 가슴을 손으로 2회 밀치고, 피고인도 이에 가세하여 피해자의 가슴을 1회 밀치고 멱살을 잡아 당겨 넘어뜨리는 등 공동으로 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Some statements in the police interrogation protocol concerning B;

1. In the investigation report (Analysis of CCTV video images in a balance sports park), the defendant asserts that his body was in contact with the victim during the process of speaking his body fighting between B and the victim, and that the defendant did not have the intent of assault, even if he constituted an assault, it constitutes a justifiable act. However, according to CCTV images installed at the scene at the time, the defendant's legitimate act assertion is not accepted since the victim B, who was a different scambling track, was in contact with the victim, was found to have scambling the victim with the scambling of the defendant, and the defendant was found to have scambling the victim with the victim, and then the victim was scambling the victim's scambling and leading the victim, it is reasonable to view that the defendant committed an assault with the intent of attack; and

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act, the selection of fines;

1. A fine of two million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. The criminal defendant's act under Article 59 (1) of the Criminal Act does not constitute a justifiable act, but is not a justifiable act;