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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim B(37 years) are those who work as a driver at a tourist bus transportation company called "D" in Asan City, Asan City.
On February 23, 2018, at around 09:30, the Defendant told the damaged person, who was parked by the injured person while temporarily moving for the car, that the Defendant’s “nicking” was called “nicking” from the injured person due to the day the Defendant parked the vehicle.
After that, the defendant heard that the victim was not a member of another bus engineer, and further made a call to the defendant that he was not a member of the examination.
On February 26, 2018, at around 10:20 on February 26, 2018, the Defendant: (a) reported that the victimized person entered the accommodation; and (b) destroyed the damaged person’s floor by scambling it over the bottom of the victim’s scream.
The Defendant continued to walk the victim's body twice along with the victim's body, thereby causing injuries to the victim, such as salt, tension, etc. of the other parts that require approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury, type 1 (general injury) (the scope of the recommended punishment], the basic area of the punishment, the imprisonment with labor for not less than four months, but not more than one year and six months;
2. While the Defendant had been already punished several times for a crime related to violence, the Defendant committed the same kind of crime.
The victim expresses his intent to punish the defendant.
However, the defendant recognizes his wrongness.
A defendant has no record of punishment heavier than a fine due to the same crime.
In addition to these circumstances, the defendant's age, sex, and age.