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A defendant shall be punished by imprisonment for six months.
However, 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 October 14, 2019, the Defendant: (a) caused the victim D (year 45) from “Cjun” located in Pyeongtaek-si B, on the ground that the victim took a female employee as a mobile phone, and (b) caused injury to the victim, such as the head of the victim, one time, and the head of the victim, who was a dangerous object on the table, was in need of a medical treatment for about 21 days, on the ground that the victim D (year 45) taken the female employee as a mobile phone.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol of D or E;
1. Police statements about F;
1. Photographs;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences under law: Six 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: (a) comprehensively taking into account all factors of sentencing as indicated in the pleadings of the instant case, such as the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and consequence of committing a crime; and (b) the circumstances after committing a crime
The circumstances at a disadvantage: the cases of causing injury to the victim's head due to beer's disease, which is a dangerous thing, and the circumstances that are favorable to the poor quality of the crime: recognize and reflects the crime.