A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

피고인은 2017. 8. 1. 03:20 경 부산 동래구 C 소재 ‘D’ 내에서 식당 여종업원이 테이블 의자에 잠든 손님[ 피해자 E(45 세)] 을 깨우는 것을 보고 이를 돕기 위해 ‘ 계산하고 집에 가시라’ 고 말하며 피해자를 깨우던 중, 잠에서 깬 피해 자로부터 욕설을 듣자 화가 나 주먹으로 피해자의 얼굴을 수회 구타하여 좌측 안와( 眼窩) 내벽 골절 등의 상해( 약 42일 간의 치료 필요 )를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning suspect interrogation of E;

1. Application of Acts and subordinate statutes to investigation reports (timely 6), each photograph/cinematographic output, and injury diagnosis reports;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act for the observation of protection [the scope of the recommended sentence] general injury [the scope of the recommended punishment] Article 62-2 of the Criminal Act, and Article 51 of the Criminal Act shall be taken into consideration, such as: (a) the mitigation area (two months to one year) [the person who has been mitigated specially] ① where the victim is also responsible for the occurrence of a crime or the expansion of damage; (b) the victim is also under deposit in the case where the damaged part of the above sentence is recovered (the sentence is determined]; (c) the defendant has a criminal record of the same kind of fine within the scope of the above sentence according to the sentencing guidelines; (d) the crime of this case is committed by the victim with the intent of the victim and cannot be considered as a pure victim of the general injury; and (e) the victim cannot be considered as a pure victim of the injury.