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A defendant shall be punished by imprisonment with prison labor for up to six months.
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 December 19, 2018, at Cju stores located in Guro-gu Seoul Metropolitan Government on December 18:2, 2018, the Defendant, on the ground that the Defendant borrowed money from the victim D (the age of 49) and drinking alcohol, and caused the Defendant to suffer bodily injury, such as the body of the victim’s head, one time, and the body of head, where the number of days of treatment cannot be identified, was teared, on the ground that the Defendant borrowed money from the victim D (the age of 49) and the victim was bad.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on investigation, a photograph of the damaged body of the victim, and a photograph of the damaged body;
1. A report on investigation (brush, large number, on-siteCCTV investigation) and a photo at the scene of occurrence;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria [Determination of Types] 6 months to 1 year (where the lowest limit of the sentencing range recommended by the sentencing criteria is inconsistent with the statutory minimum limit of the applicable sentencing standards, it shall be based on the statutory minimum limit of the applicable sentencing standards) of the special injury, repeated crime [Type 1] special injury (special person in the form of punishment] mitigation area: reduction area of punishment [the scope of the recommended area and the recommended punishment], four months through one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines]; and
2. Determination of sentence is that the Defendant’s 500CC (the 500CC), which is favorable to the Defendant, prices the head part that may cause serious damage and the risk of such act is disadvantageous to the Defendant.
However, the defendant's mistake and reflective attitude are shown, and the victim does not want the punishment of the defendant under the agreement with the victim, and the defendant has no record of punishment in Korea, considering the circumstances favorable to the defendant, the degree of injury of the victim, the relationship between the defendant and the victim.