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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
On January 30, 2018, at around 19:50, the Defendant joined the “Ccafeteria” located in the Busan Shodong-gu, Busan, with the victim D (ma, 63 years old, 57 years old) and E (n, 57 years old) with drinking alcohol. While under the influence of alcohol, the Defendant took a bath to the victim E, such as “nick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick sn.
As above, the Defendant inflicted an injury on the victim E using a portable gas burner, which is a dangerous article, and assaulted the victim D.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, D and F;
1. A written diagnosis of injury;
1. Application of each statute on photographs;
1. Articles 258-2 (1), 257 (1) and 260 (1) of the Criminal Act applicable to the crime (the point of violence and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. Social service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;
1. The scope of the recommended sentence according to the sentencing guidelines in this case falls under the basic area (six months to two years) among types of the injury by special injury and by repeated crime;
- The crime of assault in this case, which has no special person: the basic area (2 to 10 months) of the crime of assault in the first category (general assault).
- A special person who has no special penalty: final due to the increase of multiple offenses.