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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around 09:10 on August 13, 2012, the Defendant violated the Punishment of Violence, etc. Act (a collective injury by a deadly weapon, etc.) : (a) around 09:10, at the “Dju shop” room in Jinhae-si C, the victims E (20 years of age) and F (20 years of age) who were drinking together with the victim E (20 years of age). When the Defendant said that he/she had a dispute with each other during drinking, and the Defendant said that he/she was drinking, the said F was able to take the head of F once on the ground of a beer’s disease, which is a dangerous object on his/her table and was brupted with the victim, and continued to take the chest part of E in a single head and make the hair part of E in a single drinking house, and continued to take the eye back to 3 weeks open with the victim’s eye, eye, eye, eye, etc. requiring treatment of approximately 2 week.
2. Violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) and the Defendant and E, at the 8th room operated by the victim G at the same time for the same time, have broken away the glass balance and the fire extinguishing in the studio on the table while exercising mutual violence for the foregoing reasons.
As a result, the defendant jointly damaged the property equivalent to 100,000 won in total of the market price owned by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Police suspect interrogation protocol regarding E;
1. Investigation report (suspect E and hearing statements);
1. Application of Acts and subordinate statutes to each injury diagnosis certificate and written estimate;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (1) and Article 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act, Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of jointly causing damage to property 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 provides that the Defendant is a primary offender and the victim’s degree of damage is relatively heavy.