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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 became final and conclusive.
Reasons
Punishment of the crime
On August 18, 2016, the Defendant: (a) around 11:00 on August 11, 2016, on the ground that the victim E (the age of 29) in D factories located in Gyeonggi-si, Gyeong-si; (b) on the ground that the victim’s work instruction was given to the Defendant, the Defendant inflicted an injury on the victim’s land damaged by a pipe siren (the total length of 57cc) that is a dangerous object on the back of the vessel, while disputing the victim, and caused the damage to the victim’s left part for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A investigation report (CCTV image data);
1. Application of Acts and subordinate statutes to the river siren photographs and diagnostic reports;
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim was injured by a pipe siren, which is a dangerous article by the defendant, and that it was not agreed with the victim.
However, the punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances such as the fact that the defendant has no history of being punished by a fine or heavier punishment, the recognition of the crime in this case, the fact that the crime in this case was committed in the process of mutual vision with the victim, the fact that the victim deposited one million won for the victim, and all other factors of sentencing, including the defendant's age, character and conduct, environment, motive or circumstance after the crime, etc.