A defendant shall be punished by imprisonment for not less than eight 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 2015. 2. 13. 03:35 경 서울 마포구 C에 있는 ‘D’ 주점에서 피고인 옆을 지나가던 피해자 E과 어깨를 부딪친 것을 이유로 시비가 되어 피해자의 멱살을 잡고 물건 보관함이 있는 곳으로 끌고 들어가 피해자의 얼굴을 주먹으로 때려 바닥에 넘어뜨리고, 뒤통수를 주먹으로 수회 때리고, F는 이에 가세하여 바닥에 넘어진 피해자의 온몸을 발로 수회 찼다.

As a result, the Defendant, in collaboration with F, inflicted bodily injury on the victim for about eight weeks of medical treatment.

Summary of Evidence

1. Recording of each statement of witness G, E and H in the five-time trial records;

1. Each protocol concerning the examination of the police officers in relation to G, E, and H;

1. In light of the method and degree of assault and assault stated in the facts constituting a legitimate defense (118 pages of investigation records) as to the assertion that illegality is excluded, and the degree of injury suffered by the victim and the defendant (the 118th page and 120th page of investigation records), etc., the defendant's behavior is not merely a passive resistance to protect himself/herself from the other party's attack, but it is determined that the defendant's behavior constitutes an active attack, and the means and method are not reasonable. Thus, it cannot be viewed as a legitimate defense.

Application of Statutes

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and selection of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] general injury area of category 1 (6-2 years) (6-2 years) and serious injury area of category 1 (6-2 years) [the person subject to special aggravated punishment] [the sentence] and the degree of injury was serious, the person subject to serious injury was unable to be used for the victim, and there was a record of punishment for injury, eight months shall be sentenced to imprisonment, but there was no record of having been sentenced to imprisonment without prison labor or heavier punishment, and crimes.