A defendant shall be punished by imprisonment for one year.

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

1. 폭행 피고인은 2012. 7. 18. 03:00경 대구 달서구 C에 있는 ‘D’ 식당 안에서 피해자 E(48세)이 공깃밥을 주문하자, 피고인의 처가 피해자에게 “주먹밥이 있는데 먹겠느냐”고 수차례 물었으나 피해자가 대답하지 않았다는 이유로 오른손으로 피해자의 왼쪽 얼굴을 때리고, 주위에서 만류하자 피해자의 얼굴과 머리 부분에 침을 뱉고 손으로 피해자의 얼굴과 머리 부분을 수 회 때려 피해자를 폭행하였다.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.) committed assault against the victim E (the age of 48) on July 18, 2012, including paragraph (1) around 04:15.

E, along with police officers who reported to the police, went to the police station, and again go to the "D cafeteria" and became victims.

The Defendant, on the ground that the victim reported himself to the police, destroyed the victim's bucks beyond bucks and walked the body of the victim, such as the victim's bucks and adjacent bucks, etc., which led the victim to approximately two weeks of treatment.

Accordingly, the defendant injured the victim for the purpose of retaliation against the provision of his criminal investigation team.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. On-site reports of each assault incident;

1. Each investigation report (to attach a medical certificate and opinion, and to prepare and report a record of each recording);

1. Application of the victim E's damaged photographs, each recording record, and each statute;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of assaulting the choice of punishment: Article 260 (1) of the Criminal Act: Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;