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A defendant shall be punished by imprisonment for one year.
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
On December 02, 2017, at around 01:35, the Defendant: (a) while drinking alcohol in the room No. 15 in Busan Shipping Daegu C, the victim E ( South, 28 years of age) who was an employee, did not show his identification card; (b) the Defendant later arrived at the Defendant; (c) the Defendant was fluoring off the table, fluoring the fluor, which is a dangerous object on the table table, led the victim to the fluoring of the fluor, thereby protruding away from the body of the victim; and (d) the fluor on the left side, which requires approximately two weeks of treatment for the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, F and G;
1. Investigation reports and investigation reports (in relation to submission of diagnosis reports) (the defendant did not have any harm to the victim and did not have any intent to injure the victim;
The argument is asserted.
However, the witness testified to the effect that “the defendant was suffering from the victim’s prone, but the victim did not directly fit, and faced with the door of the adjacent position”, each of the testimony is natural, specific, and other circumstances to suspect the credibility of the testimony are not found.
(M) There was an intentional injury on the part of the defendant.
【Recognition】
Application of Statutes
1. Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing of Article 62-2 of the Criminal Code for the order to attend a lecture and the order to provide community service order are consistent to the defense that the Defendant is unable to understand, is urgent to reduce or conceal his mistake, and is not contrary to the truth.
Therefore, the reduction of the amount to reduce the minimum statutory penalty is not a small reduction.
However, the defendant agreed with the victim, and the victim has not been punished.
The crime of this case seems to have occurred contingently, and the injury of the victim is relatively minor.
The defendant's age, environment, sex, and circumstances after the crime are all.