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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.
Reasons
Punishment of the crime
피고인은 2019. 11. 7. 07:40경 서울 마포구 B에 있는 “C” 클럽에서 성명불상의 외국 여성과 대화하던 중 피해자 D(30세)이 위 여성에게 접근하자, 피해자의 멱살을 잡아 위 클럽 밖으로 끌어내고, 위 클럽 앞 노상에서 피해자의 머리채를 잡아 흔들고, 주먹으로 피해자의 얼굴과 복부를 수회 때리고 발로 엉덩이를 걷어찼다.
As a result, the Defendant inflicted an injury on the victim, such as the cutting of a peltos, which requires approximately seven weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning suspect examination of D;
1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.), victims' photographs, diagnosis reports, and opinions;
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.
The degree of assault and injury is more favorable: The agreement with the victim is reached, there is no record of criminal punishment other than juvenile protective disposition, and there is a violation of the law.