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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around 00:50 on January 17, 2020, the Defendant heard that the victim D(25 years of age) who d(25) who fested in the side table table was sexually sexually sexually sexually sexually inception with the drinking while drinking and drinking at the “C” restaurant located in Daegu Northern-gu B, Daegu, 2020.
The Defendant continued to see the Defendant’s desire, such as “the victim frightena”, while leaving the restaurant outside the restaurant, with the victim’s left hand, and then leaving the restaurant once tightly and right hand, caused the victim’s neck to go beyond the victim’s left part, and the victim faced with his head on the floor, and caused the victim’s injury to the victim, i.e., e., blood transfusion within the head of the trauma where there is no head open in need of treatment for about six weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. CCTV video CDs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [decision of types of punishment] general injury [Type 1] general injury [special injury] - Where the victim is fully responsible for the occurrence of a crime: In the event that the victim is fully responsible for the occurrence of a crime, the victim is not subject to punishment? In the event that the victim is also responsible for the occurrence of a crime, the victim is not subject to punishment [the scope of recommending area and the scope of recommending punishment] mitigation area], and February to October [the general person who is sentenced to punishment] - The mitigated element: In the event that the victim is fully responsible for the occurrence of a crime, the victim is not subject to punishment - The victim is not subject to punishment where the victim is fully responsible for the occurrence of a crime, and there is no criminal conviction above the suspension of execution.
3. Determination of sentence: Imprisonment;