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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 29, 2015, around 21:45, the Defendant paid 50,00 won to the victim E (the age of 65) who works for the musical instruments in the Geum-gu Busan Metropolitan City, the Defendant used the beer’s disease, which is a dangerous thing, and used the beer’s right-hand eye to put the victim into multi-facection, which requires approximately four weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the police against the accused (second time);
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to each investigation report (the Nos. 2, 6, 10 of the evidence list);
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed as follows)
1. Sentencing criteria [Determination of Punishment] Habitual injury, special injury by repeated injury, Type 1 (Special Bodily Injury), mitigation area (Special Convicted Person] Punishment and Non-Mitigation of Punishment (Scope of Punishment and Punishment) (Scope of Punishment and Punishment) : From June to June 1 to June 2;
2. The Defendant should be punished strictly because the nature of the crime of this case, which inflicted an injury on the victim for four weeks due to the very poor nature of the crime committed by the victim due to the beer and beer of the sentence. However, the Defendant shall be selected by taking into account the favorable circumstances, such as the fact that the victim has agreed smoothly with the victim, and there was no past record of punishment exceeding the fine, although there was the same criminal records on two occasions, etc., and the probation shall be decided as ordered by taking into account the motive and background of the crime of this case, the age, character, conduct