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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 25, 2016, the Defendant, at around 21:45, 2016, performed drinking in the packaging franchising 115 on the platform park front of the Jongno-gu Seoul B, the Defendant, without any particular reason, placed two open boxes in need of approximately two weeks of treatment to the victim, who was a guest (53 older).
Summary of Evidence
1. Partial statement of the defendant;
1. Statement in the police statement protocol against B; and
1. Statement prepared by C;
1. Application of Acts and subordinate statutes written diagnosis of injury;
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 stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):
1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;
1. The basic area [the scope of the recommended punishment] the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be four months to one year and six months; and
2. In light of the circumstances revealed in the arguments in this case, such as the Defendant’s age, sexual conduct, motive for committing a crime, and circumstances after committing a crime, the sentence shall be determined within the scope of the recommended sentence, taking into account the following factors: (a) the degree of injury of the victim is not limited, and the Defendant recognizes the facts of the crime as a substitute and reflects the facts of the crime; and (b) the punishment shall be determined as ordered within the scope of the recommended sentence, taking into account the following circumstances: