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

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

Punishment of the crime

피고인은 2014. 4. 9. 04:50경 제천시 E에 있는 제천경찰서 F지구대 내에서 피해자 D(34세)로부터 감금을 당했다고 주장하며 난동을 부리던 중 피해자가 경찰관들에게 “쟤(A)는 잘못이 없으니 수갑을 풀어 주라”고 하는 말을 듣고는, 피해자가 이중적인 사람이라는 생각이 들자 화가 나 갑자기 출입문 옆에 앉아 있던 피해자에게 달려가 오른발로 피해자의 안면부를 1회 걷어 차 피해자에게 6주간의 치료를 요하는 코뼈 골절 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. A medical certificate (D);

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Dismissal of Application for Compensation Order (the pertinent compensation order is inappropriate as being applied after the closing of argument) is used for violence against the victim within the district of reasons for sentencing, and the quality of the crime is very high because it is not agreed with the victim even though the degree of

However, the sentence shall be determined as ordered in consideration of the fact that the victim deposited KRW 10 million for the victim, that there is no record of criminal punishment against the defendant, and other various sentencing conditions such as the age of the defendant.