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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
Criminal facts
At around 03:30 on January 29, 2019, the Defendant, while taking care of the victim D(the age of 32) prior to the entrance of the “C” of the Seo-gu Second Ground B, Seo-gu, Daejeon, on the ground that the victim D (the age of 32) took a bath, he/she exceeded the Defendant’s daily behavior and the victim D D D's face, etc., which was a dangerous object reported to the victim several times due to drinking, and sustained injury, such as the head and other part of the victim’s 21 days open to the victim, which requires treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol on the accused, D, E, or F;
1. The police statement concerning G;
1. A H statement;
1. A report on the occurrence of violence;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to the victim's upper part, criminal implements, and photographs at fighting matches sites;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances shall be considered among the favorable reasons for discretionary mitigation):
1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”), which is advantageous to the following grounds;
1. The scope of punishment by law: Imprisonment for six to five years;
2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury by special injury and repeated crime [the person in special form] special injury [the person in special form] - the mitigated element: the victim also has a considerable responsibility for the occurrence of a crime or the expansion of damage, or the victim has recovered from considerable damage [the area of recommendation and the scope of recommendation] special mitigation area, the range of imprisonment from February to one year [the scope of recommendation corrected according to the sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable to the person in special form] [the person in special form] from six months to one year (the minimum limit of the sentencing range recommended by the sentencing guidelines are different from the minimum limit of the applicable sentences under the law, so the person in special form] - the mitigated element: serious reflect [the grounds for suspension of execution].