Text
Defendant
A shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
Defendant
A is a current or former person of E and the past person, and Defendant B is a current or former person of E and the person of relationship.
1. 피고인 A 피고인은 2015. 4. 26. 18:51경 인천 중구 F에 있는 'G식당'에서 우연히 피해자 E(여, 35세)가 피해자 B(35세)과 함께 술을 마시고 있는 모습을 보고 화가 나 피해자 E를 가게 밖으로 데리고 나간 후 피해자의 얼굴을 주먹으로 2회 가격하고 발로 좌측 옆구리를 1회 걷어찼다.
After witnessing the scene of the assault, the Defendant expressed the victim B, who read the Defendant, “Ispher, Ispherb, Ispherb,” and expressed the victim’s face twice as drinking.
As a result, the defendant set up the victim E with damage to the right part, which requires approximately three weeks of medical treatment, and the victim B with an influence of the left part, which requires approximately three weeks of medical treatment.
2. Defendant B abused the victim as described in paragraph (1) from the victim A (the age of 35) to the date, time, and place mentioned in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement of E and H;
1. Application of Acts and subordinate statutes of a photograph of damage and a written diagnosis of injury;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 257(1) of the Criminal Act; the choice of imprisonment
B. Defendant B: Article 260(1) of the Criminal Act; selection of fines
1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendant B of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Defendant A: Article 62 (1) of the Criminal Act;
1. Defendant A of probation and community service order: Article 62-2 of the Criminal Act;
1. Defendant B of suspended sentence: The reason for sentencing of Article 59(1) of the Criminal Act (the punishment to be suspended: fine of 300,000 won, and fine of 300,000 won, and the fact that the instant crime was committed in order to oppose A’s assault) (the decision on the type of punishment) (the defendant A).