1. Defendant A shall be punished by imprisonment with prison labor for a period of ten months.

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

Criminal facts

피고인들은 2016. 5. 23. 00:50 경 통영시 D에 있는 ‘E’ 앞 도로에서, 피고인들의 일행이 지나가던 택시가 경적을 울린 일로 욕설을 하였는데, 피해자 F(33 세) 가 피고인들 일행에게 이를 따졌다는 이유로 화가 나, 피고인 A은 손으로 피해자를 붙잡아 주먹으로 피해자의 얼굴을 여러 차례 때리고, 이에 가담하여 피고인 B은 주먹으로 피해자의 얼굴을 여러 차례 때리고, G은 주먹으로 피해자의 얼굴을 1회 쳐 바닥에 넘어뜨리고, 피고인들과 G은 넘어져 있는 피해자의 얼굴을 주먹으로 여러 차례 때리고, 발로 피해자의 얼굴과 몸을 여러 차례 걷어찼다.

As a result, the Defendants jointly with G and caused the injury to the victim for about eight weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. A CCTV CD or a closure photograph;

1. Application of Acts and subordinate statutes to a written agreement;

1. The choice of imprisonment with prison labor under Article 2 (2) 3 of the Act on the Punishment of Violences, etc. and Article 257 (1) of the Criminal Act for the crime concerned and the selection of punishment for each of the choice of punishment;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection and attendance order;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general injury (the scope of the recommended punishment] and the basic area (the period between April and January 1) (the period from April to June) of the basic area (the special mitigation/increased) (the victim] of the victim's non-compensation/serious injury (the types of 1 and 4);

2. Determination of sentence - favorable circumstances: The fact that an agreement is made with the victim, and the defendants reflects their mistakes;

- Unfavorable circumstances: The defendants jointly assaulted the victim, the degree of injury of the victim is very serious, and the degree of the use of violence is significant.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the degree, background, age, sexual conduct, environment, and circumstances after the crime, etc., of the Defendants’ involvement in the instant crime.