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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 25, 2014, at around 00:30 on March 25, 2014, the Defendant: (a) entered a DNA store operated by the victim C(55 years of age) in Ulsan-gu B; and (b) was under the influence of alcohol to receive a request from the victim to calculate the drinking value; and (c) was under the influence of alcohol, the Defendant inflicted a bodily injury, such as the escape of a baby, for which approximately four weeks of treatment is required for the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. E statements;
1. Application of Acts and subordinate statutes of each injury diagnosis letter;
1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Injury [Determination of Sentence 1] Basic Field (In April to 16] [Determination of Sentence ] Defendant did not, despite having had the record of the same kind of crime, inflict an injury on the part of a baby who is in need of four caution treatment by drinking the victim while under the influence of alcohol without being able to do so, and without agreement with the victim. Therefore, the Defendant should be subject to strict punishment corresponding to the relevant criminal liability.
Provided, That the punishment shall be determined and sentenced as ordered in consideration of the fact that the defendant is recognized to commit a crime and that there is no record of punishment as a penalty.