A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

1. 피고인은 2017. 2. 중순 17:00 경 창원시 진해 구 C 아파트 상가 건물 ‘D 슈퍼’ 앞길에서, 지체장애 2 급인 피해자 E(44 세 )에게 50만 원을 빌려 달라고 하였으나, 피해 자로부터 돈이 없어서 빌려줄 수 없다는 취지의 말을 듣자 화가 나, 주먹으로 피해자의 얼굴을 수회 때리고 피해자가 바닥에 쓰러지자 발로 얼굴을 찼다.

Accordingly, the defendant committed violence to the body of the victim who is a disabled person.

2. On March 15, 2017, at around 09:20, the Defendant lent KRW 500,000 to the above victim, but he listened to the statement that the said victim cannot lend money due to the lack of money from the injured party. On the one hand, when the victim’s face is taken off due to drinking, and the victim spicked the victim’s face by driving on the floor.

Accordingly, the defendant committed violence to the body of the victim who is a disabled person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes of each counseling card;

1. Article 86 (3) 2 of the Act on the Welfare of Persons with Disabilities and subparagraph 2 of Article 59-7 of the Act on the Welfare of Persons with Disabilities, for the purpose of criminal facts and the selection of punishment (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defense counsel's assertion regarding the defense counsel's assertion under Article 62 (1) of the Criminal Act (the circumstances favorable to the following sentencing grounds) asserts that the applicable law of this case is an aggravated punishment of the crime of assault under the Criminal Act, and that the nature of the crime of assault is maintained and the victim does not want the punishment against the defendant, so the prosecution of this case should be dismissed.

However, in full view of the types and contents of the provisions of Article 59-7 subparag. 2 of the Act on the Welfare of Persons with Disabilities and Article 86 subparag. 3 subparag. 2 of the Act on the Welfare of Persons with Disabilities, which prohibit the act of assaulting the body of persons with disabilities, and the legislative purpose and purpose of the Act on the Welfare of Persons with Disabilities, Article 260 of the Criminal Act.