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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 May 20, 2020, at around 20:40, the Defendant: (a) discovered that the victim D (Nam, 52 years of age) who was a side table tabled during drinking alcohol had an examination room against the above main shop proprietor and the Defendant; (b) discovered that the victim D (Nam, 52 years of age), who was a dangerous object on the table table, had a head part of the victim’s head on one occasion; and (c) found the victim’s number of days of treatment difficult to know.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the legislation in its opinion;
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. In light of the reason and means of sentencing under Article 62(1) of the Criminal Act, the fact that the victim could have suffered serious injury is a dangerous offender that is disadvantageous to the defendant.
However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and stated that his mistake is divided, that the victim agreed with the victim, that the victim did not wish to punish the defendant, that there was no record of punishment for a more severe punishment than the fine, or that there was no record of punishment for a same crime.
In addition, in consideration of the age, character and conduct of the defendant, circumstances leading to the crime, circumstances after the crime, etc. and all the sentencing conditions shown in the pleadings, the punishment shall be determined as ordered.