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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
At around 04:40 on April 14, 2019, the Defendant: (a) while smoking tobacco in front of the inn of the Plaintiff at a string house B, the Victim C (Nam, 43 years of age) committed an injury to the Defendant, with the window of the said wring house D, such as the defect of “Ying fringing frings, bringing bringing bring,” and the bring bring bring fring fring fring frings; (c) the victim’s face was found to be drinking three times; and (d) the victim’s chest was taken several times to inflict an injury on the victim, such as the impairment of the gring or other parts of gring bring that require treatment for about
Summary of Evidence
1. Legal statement of witness E;
1. Statement made by C by a witness in the third protocol of trial;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (special injury (specially punished person] mitigated elements: In cases where minor injury (type 1 and 4), victims are fully responsible for the occurrence of crimes or the expansion of damage (in cases where the victim is also responsible for the occurrence of crimes or the expansion of damage, the area of recommendation and the scope of recommended punishment] special mitigation area, and one month through October;
3. Determination of sentence: The defendant, for six months of imprisonment, has committed the instant crime even though he had the same criminal record, and continues to deny the crime despite witness's and victim's statement.
In addition, since the crime of this case was committed during the suspension period of execution due to the violation of the Road Traffic Act, the defendant is sentenced to imprisonment with prison labor.
However, given the victim’s favorable circumstances in favor of the defendant, the victim shall also be considered as having committed a certain error, and the punishment as set forth in Article 51 of the Criminal Act shall be determined by comprehensively taking into account the following factors: the defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc.