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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 12, 2014, at 01:53, the Defendant drinked alcoholic beverage No. 4 in the "Dju store" located in Chuncheon City C, and the victim E (the age of 34) stated, “I am fright at the house of the width.” However, the Defendant divided it into the victim’s refusal to do so, laid off the beer fright which was favorable to the table. The Defendant fright the victim’s face one time by drinking, broken the beer fright, fright back the beer fright, which was favorable to the victim, and fright the victim’s face again, and inflicted an injury on the victim, such as the victim’s face frighting her face, which is a dangerous object, that requires open treatment for about 14 days.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and F among the police interrogation records of the accused;
1. Application of Acts and subordinate statutes on medical certificates of injury and written request for medical treatment;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., violation and the fact that a certain amount has been deposited, etc.);
1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., grounds for discretionary mitigation and the fact that there has been no past record of criminal punishment of imprisonment without prison labor or heavier
1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : (a) the basic area (2 to 4 years) of types 1 (2 to 2 years) of habitual injury, repeated injury, and special injury (2 to 4 years) (2 to 4 years) is nonexistent; (b) the Defendant deposited KRW 2 million for the victim, but there is no data to determine whether the amount would be agreed upon. The extent of comparison between the applicable sentences and the recommended sentences is 2 to 4 years (2 to 4 years (decision of sentencing). Considering the above circumstances as seen earlier and all the circumstances revealed in the proceedings of this case, the sentence is determined as per Disposition within the scope of comparison between the applicable applicable sentences and recommended sentences.