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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around July 25, 2020: (a) around 04:30 on July 25, 2020, the Defendant: (b) while drinking with the victim D (inns, 21 years of age) and drinking with the victim D (inns, 21 years of age) at the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, and 1st underground floor C, and (c) caused injury to the victim, such as a face face, which requires approximately two weeks of treatment.
2. A special intimidation: (a) the Defendant, at the time, at a place specified in paragraph (1) and at a place specified in paragraph (1), inflicted an injury on the victim D (n, 21 years of age) as stated in paragraph (1); (b) threatened the victim with a shoulder-in disease, which is a dangerous and dangerous object, of the victim’s head debt to inflict an injury on the victim; and (c) threatened the victim with “the victim with a death or death.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Written injury diagnosis statement of E;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances that are advantageous to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that the victim does not want the punishment of the defendant in agreement with the victim and that the victim does not have any previous record of the fine: The victim who left his house is expected to go together;
For the reason that the victim inflicted an injury on the face of the victim due to vision, and the victim's face is deemed to have not been good in the process of committing the crime, and the victim under 21 years of age suffers an injury to the face of this case to the extent that he/she would have suffered an injury to the remaining side, such as the defendant's age, sexual behavior, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.