A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2019 Highest 1309] The Defendant and B are friendships with each other, and the victim C(50 years of age) have been aware of each other in the Eastern.

B around 20:41 on March 19, 2019, at “Ecafeteria” located in Seogugu-gu D, Seo-gu, Daegu, he listened from the victim about his lecture in the restaurant at one time, and the victim reported 112 so that the police was dispatched.

이에 피고인과 B은 같은 날 21:09경 위 ‘E식당’ 앞길에서, B은 피해자에게 “내가 누구지 아나, 너 죽이뿐다.”라고 말하면서 양 손바닥으로 피해자의 뺨을 4회 때리고, 피고인은 이에 가세하여 “너는 경찰관이 그렇게 좋나, 이 새끼야”라고 말하면서 피해자의 멱살을 잡고 팔로 피해자의 목을 감아 바닥에 넘어뜨린 뒤 피해자의 양 정강이를 발로 4회 찼다.

As a result, the defendant and B jointly carried out 14-day medical treatment for the victim, such as climatic salt, right-hand side, and both sides.

Summary of Evidence

1. Each legal statement between the defendant and B;

1. Statement to C by the police;

1. Each report on internal investigation (Evidence Nos. 10, 11, 14) and each investigation report (Evidence List Nos. 7, 15, 16);

1. A written diagnosis of injury;

1. Application of C's face, face, and other Acts and subordinate statutes;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant had been punished several times as an act of violence in the past, but again repeats the same kind of crime, the circumstances of the crime in this case, the degree of violence, etc., and the crime is not less complicated, it is also necessary to strictly punish the defendant.

However, it appears that the defendant has an attitude to recognize the facts of crime and to have reached an agreement with the victim.