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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
At around 22:45 on May 17, 2013, the Defendant, while drinking alcohol together with workplace E and victim F (the age of 43) in front of the hospital of the Yeongdeungpo-gu Seoul Building D., the Defendant: (a) took a dispute with each other; (b) while E was cleeping the illness in the vicinity of the Defendant, and (c) took a clicker’s disease, which is a dangerous object, was broken above the victim’s scke.
In this respect, the defendant used a shouldered scinant disease, which is a dangerous object, to put about two weeks of treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The statement of each police officer made to F and G;
1. A statement prepared by the F;
1. Application of the Acts and subordinate statutes to the criminal place, investigation report (on the spot dispatch status, etc.), suspect's body photograph, investigation report (influoral photo of the victim), diagnosis report, investigation report (influorial phone of the witness), investigation report (influorial statement of the victim F),
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. Considering that the nature of the crime is inferior, such as the use of a studio disease, which could cause serious bodily harm to the victim for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that the victim’s serious punishment is strongly applied to the defendant, it is necessary to strictly punish the defendant.
However, there is no history of punishment more than a suspended sentence, the confession of the defendant as a substitute for the crime, contingent crimes committed at the end of the trial while drinking the victim's behaviors and alcohol, and the victim's side appears to be responsible to a certain degree of damage. In addition, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing in this case, such as the motive, means and result of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior, family environment, etc.