Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 23:00 on March 9, 2014, the Defendant: (a) committed assault on the five floor of “D History Co., Ltd.” located in Seo-gu Incheon, Seo-gu, Incheon; (b) on the ground that the victim E (the age of 45) concealed the key of the Defendant’s right box and was prone without returning for a long time; (c) was kneeing the victim’s left side knee in one time; and (d) took the victim with a fire extinguishing machine, which is a dangerous object in the surrounding area, carried the victim’s left side, and led the victim to an assault, such as the victim’s walking of the victim’s eye and the left part in the left part, where the number of days of treatment cannot be identified.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the body of injury photographs and medical records;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Jan. 2, 2009) (see, 2009Da1248, Jan. 2, 2009)
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed normal conditions favorable to the preceding);
1. Social service order under Article 62-2 of the Criminal Act;