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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 24, 2016, around 06:30 on February 24, 2016, the Defendant argued that “D” restaurant located in Gangnam-gu Seoul Metropolitan Government, “D” E (the remaining and the 44 years old) and his horses were trial costs, and that the victim’s chest was the main of the disease, which is a dangerous thing to the victim’s chest, caused the victim’s hair to stroke and the victim’s head cannot be identified.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol by the police for E;
1. A photograph of the parts of the victim E;
1. Application of the legislation in its opinion;
1. As to the Defendant’s assertion of the relevant criminal facts under Articles 258-2(1) and 257(1) of the Criminal Act, the Defendant and the defense counsel asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.
In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.
The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.
- The defendant was sentenced to a suspended sentence of two years and six months on February 16, 2015 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) committed on February 16, 2015, and was sentenced to a suspended sentence of two years and is likely to be subject to criticism during the suspended sentence.