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A defendant shall be punished by imprisonment for not less than eight 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 15:20 on April 6, 2019, the Defendant, within the first floor restaurant of the C General Welfare Center located in Jeju-si, and at the same time, had dispute with the victim D (the age of 43) and the elderly cruel events, he did not participate in theization and collected the victim by taking advantage of the tree who is dangerous to the victim, and was faced with the victim's head and head. On the other hand, the Defendant sustained the victim's face part of the victim's face, and caused the victim's harshly on the head and head part where it is impossible to identify the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. Application of Acts and subordinate statutes to report the occurrence of a disease (special injury), relevant photographs, notification to the department related to the reporting of the 112 Incident, investigation report (or oral statement of the persons with the 112 Incident), criminal investigation report (verification of the details of treatment received by the victim), investigative cooperation (requesting the details of medical records), request for cooperation in the investigation (requesting of the contents of medical records), copy of medical records of F
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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, where the victim was injured by using violence as a tree, which is a dangerous object, and the nature of the crime is not weak. Although the defendant agreed with the victim, it appears that the victim agreed with the victim, but it appears that the victim did not have reached an agreement on the relationship with the victim, such as medical treatment, and it appears that the victim did not receive any other damage, and that the defendant had two criminal records of violence.
However, it is advantageous to the fact that the defendant recognized the facts charged and reflects the facts charged, that the degree of damage is not very heavy, that the defendant agreed with the victim, and that the defendant has no record of punishment exceeding the fine.