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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 5, 2018, at around 20:0, the Defendant: (a) inflicted injury on the brain in front of “C cafeteria” located in Kimpo-si B; (b) on the ground that the victim D made anti-ends, the Defendant brought about the victim’s left face by drinking once on the ground that the victim D made anti-ends; and (c) caused the victim’s injury to brain-dead in which there are no two addresses open for treatment for about two weeks.
2. On May 6, 2018, the Defendant: (a) around 00:00, at the street room of “F Hospital” in Kimpo-Ma, the said victim was in the hospital in question, as described in the foregoing paragraph 1; (b) thus, the Defendant paid medical expenses; (c) caused the damage to the patient’s body, such as the victim’s shoulder, and caused the defect in contact, carried out a shoulder and string of the shoulder that require approximately two weeks of treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to photographs of violence against victims;
1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Class 1 Crimes (the scope of recommended punishment) and No. 1 Crimes (the general injury) are the basic area (from April to one year and six months) (the person who has no special sentencing factor);
(b) No. 2 Crimes [Scope of Recommendation] General Injury (General Bodily Injury) and the basic area (No. 1 to 1 year and 6 months) [the final sentencing sentencing person] of multiple increased crimes, for which there are no special sentencing person: April - February 2.
2. Circumstances disadvantageous to the decision of sentence: The defendant has inflicted an injury on the victim two times, and the nature of the crime is not good;
There was no agreement with the victim.
There are several records of punishment for the same crime.
The favorable circumstances: The mistake is recognized and reflected.
The degree of injury is relatively heavy.
In addition, the relationship with the victim, the motive and background of the crime, the circumstances after the crime, etc. shall be recorded.