Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for one and half years.

However, from the date this judgment became final and conclusive, Defendant.

Punishment of the crime

1. 피고인 A 피고인은 2013. 5. 13 10:10경 서울 종로구 E 앞 도로에서 피해자 B(50세)와 우연히 만나 술을 함께 마시다가 말싸움 하던 중 피해자가 그 곳에 있던 소주병을 들어 피고인의 머리를 때리자 이에 대항하여 주먹으로 피해자의 얼굴을 수회 때리고 바닥에 넘어뜨려 발로 걷어차고 싸우다가 피해자의 머리를 바닥에 찧게 하여 치료일수를 알 수 없는 상해를 가하였다.

2. Defendant B, at the same time and place as above in the foregoing paragraph (1), suffered injury to the victim A (the age of 51) and the victim’s head due to an empty baby, which is a dangerous object in the instant place during the horse fighting match, with the victim’s head at the time and at the same time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness B;

1. The suspect interrogation protocol of the defendant A by the police;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 257(1) of the Criminal Act;

B. Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The sentence of Article 62(1) of the Criminal Code of the Republic of Korea (hereinafter referred to as the "Defendant A") for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as the "Suspension of Execution") falls under the mitigated area (the period of punishment is not imposed, the period of punishment is not imposed, and the period of punishment is between June and June 6), among the types 1 (the period of habitual injury, repeated injury, special injury) of the general injury (the period of punishment is between February and 1), and the mitigated area (the period of punishment is between June and June 1), among the types 1 (the period of habitual injury, the age, character and conduct of the Defendants, the circumstances after the crime, etc.).