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A defendant shall be punished by imprisonment for one year.
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
On May 14, 2020, the Defendant: (a) around 21:15, at C located in Suwon-gu, Suwon-si B, Suwon-si, without any reason to drink alcohol with the victim D (ma, 69 years of age), and (b) had the head of the victim two times due to beer disease, which is a dangerous object at the same time, and had the victim injured the victim, such as the second stroke in the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A E-document;
1. Application of on-site photographs and Acts and subordinate statutes concerning damaged parts;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on probation;
1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not bad in light of the method of crime, method of law or circumstance that the defendant under the influence of alcohol without any special reason, etc., and the defendant again committed the crime of this case even though he had the record of criminal punishment for the same kind of crime, it is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognizes the crime of this case and that the defendant does not want the punishment of the defendant by agreement with the victim is favorable to the defendant.
Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.