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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2017. 12. 18. 20:20 경 부산 연제구 C에 있는 D 마트 야채 코너에서, 술에 취하여 아무런 이유 없이 손님인 피해자 E(75 세 )에게 다가가 주머니 안에 소지하고 있던 위험한 물건인 드라이버를 손에 쥐고 피해자의 정수리 부위를 2회, 귓바퀴 부위를 1회 찔러 피가 나게 하는 등 치료 일수 미상의 두피 자창 등 상해를 가하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of the police seizure protocol and the statutes on the list of seizure;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):
1. The circumstances that are favorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are against the victim: the agreement with the victim; the defendant's age, sex, environment; motive, means, results, etc. of the crime; and all the conditions for sentencing, including the defendant's age, sex, environment; circumstances after the crime, etc.