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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 10, 2015, the Defendant was aware of his knowledge in a park located in the Daegu-gu Merchant on November 11:25, 2015.
During the event of violence against B and during the event of violence, the victim C (22) who has a strong influence on it shall not be entitled to prevent any person.
“On the ground that the word “” is bad, the victim’s face and part of the body of the victim several times due to hand and drinking, and the victim suffered injury, such as garment of pata, which requires approximately three weeks of medical treatment, to the victim.
Summary of Evidence
1. Statement made by the police against C;
1. A report on dispatch to the scene of the assault case;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate to a victim C);
1. As to the Defendant’s assertion on the criminal facts under Article 257(1) of the Criminal Code of the pertinent Article on the crime, the Defendant asserts that he/she was in a mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.
Although it is recognized that the defendant had drinking to a certain degree at the time of the crime of this case, the defendant had no or weak ability to discern things or make decisions.
Since the above argument is not visible, it is rejected.
The Defendant, on November 21, 2013, was sentenced to a suspended sentence of one year for an indecent act committed by force on November 21, 2013, and on December 23, 2014, committed the instant crime again despite the fact that he was sentenced to a fine of KRW 50,000 as an assault committed during the suspended sentence.
The sentence of imprisonment shall be imposed in consideration of the fact that damage is not less severe, such as stude, and that the victim is seeking the punishment of the defendant, etc.
The term of punishment shall be determined, taking into consideration the various conditions of sentencing as shown in the instant case, such as the age, sex, environment, motive and means of the crime, and circumstances before and after the crime.