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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 27, 2015, the Defendant was sentenced to imprisonment with prison labor for two years with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”), and the judgment became final and conclusive on September 4, 2015, and is currently under suspended execution.
On September 7, 2015, the Defendant: (a) 01:25 on September 7, 2015, the Defendant: (b) drinked “D” streets in front of the beer, E, and the Victim F (W, 38 years old); and (c) returned home first; (d) : (c) :
In relation to this, there have been fightings, such as fighting with E and drinking, etc.
In the process, the defendant was faced with the victim by gathering the brick (30 cm wide, 30 cm long) which is a dangerous object on the ground that the victim fights, and caused the victim to suffer approximately 6 weeks of medical treatment (in addition, 12 weeks of additional diagnosis).
Summary of Evidence
1. Each police statement made to F and G;
1. Place of occurrence and photographs of criminal tools;
1. A photo of the damaged part;
1. The defendant and his defense counsel asserted that the defendant's medical certificate and the additional medical certificate [the defendant and his defense counsel asserted that the brick cited by the defendant at the time was far away from the victim's appearance, and that the defendant was not a s
Comprehensively taking account of the above evidence, the fact that the defendant was ick to the victim can be recognized.
Defendant
【Defense Counsel’s argument shall not be accepted】
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The instant crime was committed within the short period of suspension of execution of the same kind of crime on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, which committed the crime.
There was no agreement with the victim.
Pronouncement of sentence is inevitable.
Provided, That it is deemed that any contingency has occurred under the influence of alcohol.
In addition, all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.