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A defendant shall be punished by imprisonment for not more than ten 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
At around 03:00 on December 1, 2012, the Defendant brought the victim E (year 41) and alcohol on the 1st basement of Seodaemun-gu Seoul Western-gu Seoul, Seoul, on a single-time basis without any justifiable reason while drinking the victim E (year 41) and alcohol.
As a result, the defendant carried dangerous objects with the victim, and inflicted bodily injury on the victim, which requires medical treatment for about 10 days.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act [the reason for sentencing] [the reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] violence (special injury] / [the scope of recommendation] / 2 to 4 years (the decision of sentence]] is a crime committed in favor of the defendant.
However, the punishment as ordered shall be determined in consideration of all the circumstances such as the defendant's age, character and conduct, environment, and conditions of sentencing, such as the fact that the defendant is divided, the defendant committed the crime in the state of mental and physical disability under the influence of alcohol, the fact that the defendant was detained for 20 days and was tried, the degree of damage to the victim is not serious, the victim was partially deposited for the recovery of damage, and other circumstances that are conditions of sentencing,