beta
Text
A defendant shall be punished by imprisonment for not less than eight 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 October 14, 2016, the Defendant, at around 17:00, sustained 17:00 on the street in front of the subdivision hall in the Dong-gu Incheon Metropolitan City, and on the ground that the victim D (17:3) who is a high school student smokes tobacco, caused the victim’s face at one time with the floor of hand, continuously cut over two times with the victim’s face at one time, and caused the victim’s face going beyond the course one time, and then, caused the victim’s injury, such as a brupt, which requires approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of a medical certificate;
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 on orders to provide community service and attend lectures;
1. Sentencing criteria: The basic area (from April to June) of types of general injuries;
2. The defendant is liable to inflict an injury on the victim who is a senior high school student aged below himself/herself by raising robbery, etc., and the victim wishes to be punished by imprisonment with prison labor for the defendant, as he/she wishes to be punished by imprisonment with prison labor;
Provided, That the term of punishment shall be determined in consideration of the fact that the defendant has mistakenly recognized and reflected, that the defendant deposited 2 million won for the victim, and that the defendant has no previous conviction except once a fine, and the execution of the punishment shall be suspended.
In addition, in order to prevent recidivism, the defendant is ordered to take lectures for community service and violent treatment.