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A defendant shall be punished by imprisonment with prison labor for up to 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 06:30 on May 6, 2019, the Defendant brought an injury to the victim, such as two open skins, which require two weeks of treatment of the victim, due to beer’s head, who was dissatisfied with “Cjun” in the “Cjun (22 years of age) of the victim D(the victim D(the victim’s head).
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Each police statement of E and F;
1. A written diagnosis of injury;
1. Application of the Acts and subordinate statutes to photographs taken to injure the victim;
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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and
3. Determination of sentence: Six months of imprisonment, and two years of suspended sentence, the Defendant inflicted an injury upon the victim by having her head, etc. from a beer disease, which is a dangerous thing.
In light of the means of crime, the risk of injury, etc., the liability for the crime is not easy and the degree of injury suffered by the victim is not easy.
No materials have been submitted up to now that the victim agreed with.
The defendant has been punished twice for the crime of bodily injury even before.
However, in light of the circumstances such as the fact that the defendant was assaulted by the victim to commit the instant crime, and that the defendant has no criminal record exceeding the suspended sentence of imprisonment, the punishment as ordered shall be determined by taking into account the defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions as shown in the records and arguments.