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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 25, 2017, around 11:55, the Defendant was shouldered to send the victim D (29 years old) who was under the influence of alcohol from the stairs of 121 Dong-dong 121-10 Do-dong 14th Do-dong 121-10 Do-dong Do-gu, Busan, to the house, but the Defendant was faced with the Defendant’s chest.
Accordingly, the Defendant changed the sloter reported at his own house into a physical exerciseization, and followed the victim's face part such as 20 times from the victim's seat before the elevator of the 13th floor, and caused the victim's injury, such as a bridge, which requires about four weeks of treatment, by breaking the bridge over 20 times.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;
1. Scope of Recommendations - In general areas (from April to June) basic areas (from April to June) for category 1 (the general injury) - Special mitigated persons: Where the victim is also responsible for the occurrence of a crime or the expansion of damage, serious injury:
2. The Defendant, who was sentenced to a sentence, has inflicted serious injury on the victim, and the damage was not recovered at all, thereby choosing imprisonment with labor.
However, taking into account the fact that the victims are fully responsible for the occurrence of the case.
In addition, it is decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.