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A defendant shall be punished by imprisonment for four 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 03:50 on June 19, 2016, the Defendant suffered injury to the victim, such as a fright to the left-hand fright side, which requires approximately six weeks of medical treatment, when the victim B (the age of 16) was talked with the victim on the ground that the victim B (the age of 16) was replaced by the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Each protocol concerning the examination of suspect of the police against D or B;
1. Statement of the police statement of E;
1. A written diagnosis of injury to B;
1. Investigation report (CCTV investigation);
1. A report on dispatch to the scene of violence incidents;
1. Application of CCTV-related Acts and subordinate statutes;
1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order (the applicant sought payment of KRW 12,000,000 for damage compensation due to criminal act of the accused, and it is not reasonable to issue a compensation order because an agreement with the accused was reached during the instant trial, and the existence or scope of the Defendant’s liability for compensation is unclear);
1. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general injury (general person in special form] mitigated factors (decision of the recommended area] [decision of the recommended area] mitigated areas (decision of the recommended area] between two months and one year (decision of the recommended area] mitigated factors (no criminal punishment has any history of criminal punishment);
2. Circumstances unfavorable to the sentence: The criminal defendant's liability is heavy in light of the behavior and degree of injury of the assault of this case;
With regard to the crime of this case, the victim suffered six (6) attentions.
The defendant's mistake is recognized as favorable circumstances.
In the judgment of this case, the victim shall pay the agreed amount for the recovery of damage and the above victim shall be punished against the defendant in consultation with the victim.