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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On June 10, 2019, at C cafeteria located in Gangnam-si B on June 19, 2019, the Defendant suffered from special injury: (a) while drinking alcohol by combining the victim D (n, 71 years of age) with the victim D (n, 71 years of age), “the victim will receive KRW 100,000,000,000,000,000, and will do so,” and (b) the victim would have the face of the victim on the ground of a small-scale disease, which is a dangerous object that was the consignee, and caused injury to the victim, such as blood transfusion, which is necessary for the treatment of the victim for about three weeks.
2. The Defendant causing property damage, at the time, at the time, at the place, as described in Paragraph 1, and at the F restaurant located in Gangnam-si E, the Defendant was damaged by gathering the Dosan, which was in the place, and caused the Defendant to drive away from D, thereby getting off the entrance door of the F cafeteria owned by the Victim G, thereby getting off the 70,000 won of the repair cost.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. The police statement concerning G;
1. A receipt for damage to property and a medical certificate;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm) (including a serious effort to recover damage): Where a person is not subject to punishment (including a serious effort to recover damage) or has been recovered from considerable damage (the scope of the recommendation area and the recommendation area), the area of mitigation of punishment to 4 months or one year;
B. Group 2 (Determination of Punishment) Crimes (Destruction of Property): Damage [Type 1] Damage to Property, etc. (Special Sentencing) (including serious efforts to recover damage) or significant portion of punishment (including serious efforts to recover damage).