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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 27, 2020, the Defendant collected beer disease, which is a dangerous thing on the customer’s part, and sustained injury to the victim, such as string the snow, open wound around the snow, etc., for about three weeks of treatment of the victim, on the ground that the victim was able to talk with D(64 years of age) of the victim, and the victim was able to talk with the victim.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation report (victim's daily statement and C's statement);
1. Application of an injury diagnosis certificate and statutes governing damaged photographs;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. Scope of punishment by law: Six months to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).
3. Determination of sentence: The sentence shall be imposed as ordered, comprehensively taking into account various factors of sentencing as shown in the argument of this case, such as imprisonment for eight months, the suspension of execution for two years, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime.