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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of road traffic law in the Changwon District Court’s branch on December 14, 2016, and was sentenced to a suspended sentence of 2 years for 8 months. On December 22, 2016, the judgment became final and conclusive on December 22, 2016, and is currently under suspended sentence.
[2] On September 23, 2017, the Defendant: (a) around 05:30 on September 23, 2017, at the singing room for the operation of the victim D, which became a vision due to the drinking value with the victim; and (b) took the head of the victim by gathering a beer’s disease, which is a dangerous object on his/her table, while engaging in a dispute with one another.
As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which requires approximately three weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written diagnosis of injury;
1. Each report on investigation;
1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and a report on investigation (the confirmation of criminal facts among the records of suspended execution);
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The crime committed during the period of suspended sentence for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the crime of special injury is not prescribed in a multiple-choice form of fine, and thus, a sentence of sentence is inevitable.
Crime prevention is dangerous, and injury to the victim is less severe.
The sentence is to be imposed as ordered in consideration of the following facts: (a) the defendant is unable to engage in a single crime; (b) the defendant has a record of the same crime twice; and (c) the defendant has failed to reach an agreement with the victim; (d) the defendant's deposit of KRW 3 million for the victim; and (e) the defendant's deposit of KRW 3 million for the victim; and (e) if the main sentence is finalized, the suspension of execution