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A defendant shall be punished by imprisonment for not less than one year and 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 September 16, 2015, the Defendant: (a) around 19:39, at the “Dcafeteria” located in Ansan-si, a member-gu, Ansan-si; (b) on the ground that the victim E (39 years of age) and the victim was bread while drinking alcohol, and the victim was her desireing to do so, and (c) on the ground that the victim was bread, a dangerous object on the table table, collected the head of the victim; and (d) caused the victim’s bodily injury to the head of the body in the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. On-site photographs;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigation area (one year and six months to six months), the mitigation area (one year and six months), the punishment of a person who is subject to special mitigation] (including a serious effort to recover damage), or the recovery of considerable damage (the decision of the sentence] the crime of this case is that the defendant's head was taken out by the main of the victim due to his/her illness, thereby causing a serious injury to the victim, and thus, the nature of the crime is not good, and the defendant's liability is not easy since he/she could have suffered serious injury to the victim.
However, the above punishment is determined by comprehensively taking account of all the sentencing factors regarding this case, including the defendant's criminal intent and reflect, the victim's consent does not want the punishment against the defendant, the relationship between the defendant and the victim, the age, environment, motive, method and consequence of the crime, and the circumstances after the crime.