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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 October 20, 2016, around 21:10 on October 20, 2016, the Defendant suffered injury, such as d (the 38 years of age), scambling, etc., in need of two weeks of treatment by putting the victim's face face back to several times due to drinking, while making a dispute with the victim D (the 38 years of age) who was drunk in his/her residence located in the Seoul Jung-gu Seoul Metropolitan Government Building C building 302.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;
2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is general injury (one month to one year) in the area of special mitigation (one month to one year), - minor injury (one month to four types), non-conformity with punishment (including serious efforts to recover damage) or considerable damage has been restored;
3. In the case of a minor's child who has been determined to be sentenced to punishment, the person who has inflicted an injury by assaulting the minor's spouse shall be deemed to be bad in the nature of the crime.
On the other hand, the fact that the victim agreed with the victim, the fact that there is no criminal history except the fact that the victim was sentenced to a fine due to the violation of the Road Traffic Act, and the degree of the victim's injury is not heavy.
In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.