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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around 02:40 on April 20, 2015, the Defendant, while drinking alcohol with the victim C(35 years of age) in the Gyeyang-gu Incheon Gyeyang-dong B restaurant, Gyeyang-gu, Incheon, the Defendant, who assaulted the victim's friendship D, had a dispute with the victim.
As a result, the Defendant got off the victim's face one time due to the loss, etc., caused the victim's injury to the victim, such as minging down the left bucks, leaving the victim's left bucks into the floor so as not to cause the victim, following the victim's left fucks to take measures to prevent the occurrence of the victim, thereby causing approximately 10 pulverization of the upper left bucks.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Form] General Injury [Article 62-2] In addition, the following factors are taken into account: (a) serious injury (Article 1 and 4) (Article 6-2) (Article 1 and 4) (Article 1 and 4) recognized his/her fault and reflects his/her fault; (b) deposit of the victim as a depositer on October 7, 2015; (c) the victim was made three times before and after a fine due to violence; (d) the crime is not good in light of the method of crime; (e) the victim’s damage was not completely recovered; and (e) the victim’s age, character and behavior, environment, motive and circumstances leading to the instant crime; and (e) the punishment as ordered in the sentence shall be determined within the scope of the recommended sentence.