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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] The defendant was issued a summary order of 2 million won by the Suwon District Court on June 11, 1999, and the same criminal records are two times more.
【Criminal Facts】
피고인은 2012. 11. 24. 02:00경 안산시 단원구 C 4층에 있는 'D' 2번방에서 피해자 E(36세)과 함께 술을 마시다가 피해자가 기분 나쁘게 말을 하였다는 이유로 피해자의 머리를 테이블 위에 있던 위험한 물건인 맥주병으로 1회 때리고 오른쪽 옆구리를 발로 1회 차 피해자에게 이마부위를 6바늘 꿰매게 하고 오른쪽 갈비뼈가 골절되게 하는 등 치료일수 미상의 상해를 가하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Each investigation report, each related photograph;
1. Application of statutes to inquiries about criminal records, etc.;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the overall circumstances, such as the fact that the defendant seems to have committed the instant crime contingently in the state of discretionary mitigation, etc.);
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1)(Article 62(1) of the Criminal Act on the grounds that there are circumstances unfavorable to the defendant, such as the nature of the crime and the result of the crime in this case, in light of the method and consequence of the crime in this case, there is no sentence of imprisonment, and the defendant has been imposed on the defendant, and the victim wants the wife by agreement with the victim, the victim is in depth, the social ties of the defendant is obvious, and the detention of the defendant entails excessive difficulty for his dependants, and all other circumstances, such as the motive and circumstance of the crime in this case, relationship with the defendant and the victim, circumstances after the crime, the defendant's age, occupation, family relationship, health status
1. Social service order under the Criminal Act;