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

『2016 고단 6382』 피고인은 2016. 11. 29. 22:40 경 서울 금천구 C에 있는 피해자 D(45 세) 가 운영하는 E 편의점 앞 노상에서, 피고인의 동거 녀가 편의점에서 소주를 계산하면서 편의점 종업원으로부터 소주병을 건네받는 과정에서 소주병을 떨어뜨려 소주병을 깨뜨리게 되었는데 편의점에서 소주 값을 환불해 주지 않는다는 이유로, " 씨 발 쌔끼 들" 이라고 욕설하면서 피해자의 코 부위를 피고인의 이마로 1회 들이받아, 피해자를 폭행 하였다.

From March 2, 2017 to around 22:00 on the same day, the Defendant assaulted the victim's face on one occasion with his/her hand floor and drinking, respectively, on the ground that he/she had been living together with another male and drinking in the defendant's residence located in Geumcheon-gu Seoul Metropolitan Government F 103 between around 21:30 on March 2, 2017 and around 22:00 on the same day, he/she saw the victim's face on one occasion with his/her hand and drinking, and saw the victim's face on one occasion with his/her own hand and drinking, and pushed the victim's body with his/her left arms and so on.

Summary of Evidence

"2016 Highest 6382"

1. Legal statement of witness D and H;

1. Damage photographs (D) 2017 Highest 986;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (or choice of violence or imprisonment with prison labor) concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of bodily injury or imprisonment with prison labor);

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. Article 62 (1) of the Criminal Act on the stay of execution (the degree of assault and the expression of intention not to punish the injured victim shall be expressed);

1. Article 62-2 of the Criminal Act regarding community service order ( Taking into account the circumstances of crimes, degree of injury, and circumstances of many criminal record);

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;