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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 August 22, 2018, at around 21:30, the Defendant, while drinking alcohol together with the victim D (year 52) in Geumcheon-gu Seoul Metropolitan Government, urged the victim to pay the time-to-day installments, and, at the same time, the Defendant, who was on the table, was a dangerous object on the table, was faced with the victim with the head part of the victim, thereby making it impossible for the victim to know the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the police of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to photographs of the damaged parts, each investigation report (the counter investigation of the shot E, the counter investigation of the C business owner);
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, injury by repeated crime [the first category] Special Bodily Injury (the special person concerned] mitigated elements: Insignificant injury, non-won [the area of recommendation and the scope of the recommended punishment] special mitigation range, and two months to one year [the scope of the recommended punishment revised according to the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, and thus the minimum limit of the applicable sentencing range is in accordance with the law).
3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.
Unfavorable circumstances: Mail, which is a dangerous thing, was laid down.