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.

(e).

Punishment of the crime

At around 04:30 on July 10, 2014, the Defendant stated “D” before a restaurant, and heard the sound, and the victim E (the age of 23) returned back to the restaurant, took one time the face of the victim E at one time, and F took the face of the victim E at several times.

그 후 피고인은 F이 도망가고 피해자 E이 혼자 남게 되자 주먹으로 피해자 E의 얼굴을 2회 때리고, 피고인의 일행인 G은 이에 가세하여 주먹으로 피해자 E의 얼굴을 여러 차례 때리고, 피해자 E이 바닥에 쓰러지자 발로 피해자 E의 얼굴 부분을 3회 내지 4회 걷어찼다.

Accordingly, the defendant assaulted the victim E in common with G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G and E;

1. A written statement;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to investigation reports (for telephone conversations with reference witness H);

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (2) and (1) of the Act on the Selection of Punishment of Violences, etc. and Article 260 (1) of the Criminal Act

1. Article 62 (1) of the Criminal Act (see, e.g., the fact that the criminal act is recognized and reflected, and the fact that an agreement has been reached with the victim) dismissed as public prosecution;

1. On July 10, 2014, around 04:30, the Defendant: (a) stated that “I am and I am in front of the restaurant”; (b) heard the sound before the restaurant; and (c) am in one time, I am in own food of E; and (d) the Victim F (23) assaulted the Victim F’s face when I am in several times with the horses.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. The victim F expressed his/her intention not to prosecute the Defendant around November 21, 2014, which was after the institution of the prosecution. As such, Article 327 of the Criminal Procedure Act is applicable.