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A defendant shall be punished by imprisonment for one year.
except that 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 January 28, 2013, the Defendant was issued a summary order of KRW 4 million with an assault, etc. at the Seoul Western District Court, and on April 8, 2013, the Seoul Western District Court issued a summary order of KRW 3 million with an injury, etc.
At around 06:50 on June 26, 2013, the Defendant, while drinking alcohol together with the victim E (26 years of age) in a restaurant of the trade name “D” located in Gyeonggi-si, Gyeonggi-do, on the ground that the victim treated himself/herself as a seat-holder, he/she collected iron pande, which is a dangerous object on the table, and made two times of the victim’s face and made two times of drinking face.
As a result, the defendant put the victim with an inner diversopic heart, which requires approximately four weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A medical certificate of injury, and a victim photograph;
1. Report prior to judgment: Application of criminal records, etc. and Acts and subordinate statutes;
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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, who is a dangerous object, has inflicted an injury on the pande, is a serious crime.
However, it is deemed that the defendant is divided, and the defendant has committed the crime of this case in a drunken and contingent manner, and the victim has been paid an agreed amount and agreed with the victim, and other circumstances that conditions for sentencing, such as the age, character and conduct, environment and circumstances after the crime, shall be determined as the sentence as ordered in consideration of the overall circumstances.