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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 17, 2018, at around 22:00, the Defendant d(67 years of age) and d(67 years of age) who are provoking in Gwangju City, and had a conversation with each other while making a conversation, and caused the victim to be faced with head on the ground floor by pushing the victim in the process of physical fighting.
As a result, the Defendant suffered from an injury to the victim, such as a dead-end transfusion, which requires a medical treatment for about eight weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E, F, and G (including each record book attached to the statement of E);
1. Each report on investigation;
1. A medical certificate, or a copy of medical records;
1. Application of Acts and subordinate statutes to the result of polygymal inspection;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (1), and 257 (1) of the Criminal Act which choose a penalty;
1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes [Type 2] the injury by assault and bodily injury (special appearance] increased factors: serious injury (category 2 and 4): the area of aggravated injury (the area of recommendation and the scope of recommended punishment] increased, six months through three years.
3. According to the Defendant’s crime of this case, which is disadvantageous to the decision of sentence, the victim suffered significant damage caused by the victim’s injury “a light-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-face-to-face-face-to-face-face-to-face-face-to-face-face
According to the I's diagnosis of H Hospital doctor I, the victim is unable to lead a social life or work due to the disability of recognition function due to brain damage as of March 11, 2019(s)(s)(s) and degradation of activity ability(s).