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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 18, 2016, the Defendant: (a) around 03:30 Osan City B, and C, located on the third floor of Osan City, and around 03:30 on October 18, 2016, the Defendant refused to take part in the Defendant’s bar, and attempted to take part in the room; (b) two beer disease, which is a dangerous object on the table, was faced with the victim’s back wall; and (c) faced with the victim’s right bucks.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to photographic materials of bottled photo;
1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances deemed as the following grounds for sentencing);
1. The scope of the recommended punishment according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] the basic area [the scope of the recommended punishment] of the six types of assault crimes (Habitual, repeated crime, special assault) / [the scope of the recommended punishment] from June to October;
2. A sentence shall be imposed within the scope of the recommended sentence, comprehensively taking into account all favorable circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance after the commission of the instant crime, etc., and all of the sentencing conditions indicated in the pleadings of the instant case, in light of the following factors: (a) the likelihood of the instant crime is not small; (b) the several times of punishment was imposed due to violent crimes; and (c) the victim’s failure to make any effort to recover the damage therefrom; and (d) the victim’s fault is recognized; and (e) the victim’s damage level is relatively minor; and (e) the sentencing conditions indicated in the instant pleadings