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A defendant shall be punished by imprisonment for not less than eight 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
1. On September 2, 2019, around 17:00, the Defendant: (a) around the C cafeteria located in Gangseo-gu Busan Metropolitan City, the victim D (n, 64 years of age) left the victim’s face; (b) left the victim’s face; and (c) laid the inner frame where the victim D (n, 64 years of age) had a dispute with the Defendant; and (d) left the victim’s face for about four weeks of treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
2. The Defendant destroyed the unexplosion of the market price where the victim was worn by her face on the ground that he/she was in harmony with paragraph 1 at the same time and place as that of paragraph 1.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of D police statement;
1. Reports on internal investigation (Submission, etc. of a medical certificate);
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the punishment imposed for a special injury heavier than that prescribed by the aforesaid Article) among concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the victim's face could have been faced with a dangerous thing, such as the defendant's statement in the facts of crime, and that the defendant's degree of injury is considerable is that the defendant's injury is disadvantageous to the defendant.
However, considering the fact that the defendant does not want the punishment of the defendant in agreement with the victim, and that the defendant has no record of punishment due to violence, the circumstances favorable to the defendant.
In addition, the age, character, conduct and environment of the defendant, and the motive and background leading to the crime of this case.