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A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 01:30 on May 1, 2015, the Defendant, while drinking alcohol with the victim D (the age of 65) in Jongno-gu Seoul Metropolitan Government, was inflicted on the Defendant on the Defendant, on the ground that he was “Bado knick, kndo kn only kn only knick.” The Defendant was at the victim’s head, and was at the victim’s head, and was at the victim’s head, thereby causing injury, such as tearing the victim’s head in the number of treatment days.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);
1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing below) is the case where the defendant was placed in the head of the victim and thereby inflicted an injury on the victim, and the defendant's liability is minor because the risk of the act is so high.
However, the defendant has no special record of crime except that he/she has been punished as a minor fine due to several different types of crimes in the past.
In addition to these circumstances, the sentencing criteria are to be recommended within the scope of recommended sentences [the scope of recommended sentences for one year and six months and six months, which are the lowest limit of the mitigation section (special mitigation element - punishment) among the Type I (special mitigation element) of the Class I of the violent crime group, which is the basic crime group], taking into account the following factors, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime committed. Such punishment shall be determined as above within the scope of recommended sentences.
It is so decided as per Disposition for the above reasons.