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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 10:20 on October 12, 2019, the Defendant, at the main point of “C” located in the Busan Shodong-gu, Busan, performed daily and drinking, including D, the owner of the said main point. The victim E (34 years of age) and the victim F (40 years of age) continued to request the above D to provide alcohol despite the end of the business hours, and brought about a dispute with the victims. During the said dispute, the Defendant, on the ground that the victims of the said dispute were tending to take a horse, went beyond one time on the face of the victim E, and went back to one time on the face of the victim F, who told the Defendant with his/her main point of hand.
As a result, the Defendant inflicted bodily injury on the victim E, such as a closed flasium, which requires approximately 6 weeks of medical treatment, and injury on the victim F, such as a flasium, which requires approximately 4 weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning E and F;
1. Investigation report (15 pages for investigation records);
1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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 Criminal Act lies in a majority of the criminal records of violence committed against the defendant for the reason of sentencing and Article 62-2 of the Order to Provide community service and attend lectures, and the fact that the defendant's violent nature is considerable even before the criminal records were committed, resulting in the injury of the defendant, and that the defendant's violent nature may have resulted in dangerous consequences to the victim E is the circumstances unfavorable to the defendant.
However, the fact that the defendant does not want the punishment of the defendant by mutual consent with the victims shall be considered in favor of the defendant.
otherwise, the age of the defendant;