Text
A defendant shall be punished by imprisonment for not less than two months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around 03:20 on September 1, 2015, the Defendant: (a) suffered from the victim D (52 :3:20 on September 1, 2015, G and G, the main office at the F main office located in Gangdong-gu Seoul Metropolitan Government E, and found the victim from the above main office; (b) suffered from the Defendant’s loss, such as the Defendant’s left part of the drinking water cans on the ground that the victim said the victim’s her horse on the front side of the HW club located in the same Dong, and the victim’s face part of the drinking water can not be identified at three times.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the defendant in the second public trial records;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. Scope of recommended sentences on the sentencing criteria: Imprisonment with prison labor for two months to one year, and the mitigation area (two months to one year) for one-year general injury; and
3. Determination of sentence: Two months of imprisonment with prison labor, and one year of suspended sentence shall be present at the trial date (including the date of adjudication) on five occasions, and the remaining four times shall be absent without permission, and on February 27, 2016, the defendant was detained by the detention warrant and was present at the trial date on six occasions.
In addition to the crime of this case, the Defendant had been sentenced three times to a fine due to the crime of injury, and one time among them was the same as the crime of this case, and the Defendant inflicted an injury on the customers who alcoholic beverages on the F main point.
In light of such criminal defendant's attitude of trial and criminal records, it is difficult to expect the effect of special prevention in the punishment of a fine for the defendant.
The decision is judged.
However, according to the agreement with the victim, the victim does not want the punishment of the defendant, and the defendant is recognized from the investigative agency to the court.
In addition, the victim assaults the main staff under the influence of alcohol.