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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 19, 2013, at around 01:55, the Defendant, while drinking alcohol within the D main points in Namwon-si, was in line with the victim A (the age of 47) who is another customer at the main point and the singing line, was drinking, and was in line with the head of the victim. In line with the victim’s left side, the Defendant saw the victim’s head by drinking, followed the victim’s head by drinking, followed the victim’s right side side by cutting over the victim’s upper part, thereby causing an injury to the victim, which requires approximately two weeks of medical treatment, and continuously bread the victim by gathering an empty bottle, which is a dangerous object on the part of the victim’s body going beyond the floor, and assaulting the victim by spreading the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a investigation report (related to the verification of CCTV inside a D key point);
1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the point of violence against carrying dangerous articles) of the Criminal Act;
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than punishment (a collective crime, a deadly weapon,
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of punishment: Imprisonment for not less than six months but not more than eighteen years and six months;
2. Scope of sentence recommended according to the sentencing criteria; and
(a) Crimes in violation of the Punishment of Violences, etc. Act [the types of crimes] violent crimes, assault crimes, types 6 (Special Violence) (Special Mitigation) [the decision of the scope of sentence] mitigated area of punishment (the decision of the scope of imprisonment with prison labor for not less than four months or imprisonment for not less than one year and two months);
(b) type of offence of injury;