A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant, while residing in Chungcheongnam-si 401, had directors around August 201 at the same time D apartment 106 Dong 306, and the victim E (the age of 66) is a person who resides in 102 of the above lending.

피고인은 2012. 2. 5. 14:00경 피해자와 위 빌라의 지하 누수 문제에 관하여 말다툼을 하다가, 같은 날 14:30경 위 빌라 앞 노상에서 위 폐지더미를 가리키며 피해자에게 ‘저런 거는 왜 동네에 피해를 주면서 쌓아 놓았어, 왜 쌓아 놨어, 씨발, 인간 같지 않아서 말을 못 하겠네’라고 반말로 따지자, 피해자와 서로 밀치고, 멱살을 잡아 흔들며, 실랑이를 벌이다가 피해자를 힘껏 뒤로 밀어서 넘어뜨려 피해자의 머리 뒷부분이 그곳 바닥에 있던 벽돌에 부딪히게 하여 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning F (two times);

1. On-site and CCTV images;

1. Application of the statutes on response to requests for appraisal;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The victim's bereaved family members did not reach an agreement with the victim's bereaved family members, circumstances favorable to the victim's wishing to impose a severe punishment: The victim's bereaved family members do not have any particular criminal records other than once a fine is imposed, the defendant deposited 10,000,000 won to the victim's side, and other circumstances that are conditions for sentencing as recorded in the records, such as the defendant's age, character and behavior, occupation

1. The summary of the facts charged charged by the Defendant assaulted the victim as stated in the facts constituting the crime in the judgment, and caused the victim to die with a fluorial light.

2. Determination

A. Since the crime of assault by law is an aggravated crime, death in addition to the crime of assault is an aggravated crime.