A defendant shall be punished by imprisonment with prison labor 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.

Punishment of the crime

피고인은 2018. 9. 14. 11:40경 서울 동대문구 B에 있는 C고시원 옥상에서, 피해자 D(43세)과 함께 술을 마시다가 피해자가 버릇없이 군다는 이유로 화가 나, 주먹으로 피해자의 얼굴 부위를 수회 때리고, 손으로 피해자의 목을 조르며, 발로 피해자의 몸을 1회 걷어찼다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of CCTV Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are against the defendant, many of the criminal records are against the defendant, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed shall be determined in the same manner as the order of sentencing, taking into consideration various conditions of sentencing as shown in the argument of the case