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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
피고인은 2014. 7. 1. 00:25경 고양시 일산동구 장항동 779에 있는 일산소방서 앞 버스정류장 부근에서 피해자 C(28세)가 담배를 꺼달라는 피고인의 요구에 즉시 응하지 않았다는 이유로 화가나 피해자의 가슴 부위를 들고 있던 가방으로 가격하고, 피해자의 얼굴을 주먹으로 수회 때리고, 피해자의 양쪽 정강이를 발로 수회 걷어찼다.
After the Defendant assaulted the victim, the Defendant left the scene, but was faced with the wall stone, which is a dangerous object on the floor due to the victim's driving away from the scene, and was at the left side of the victim and the right side side of the victim.
As a result, the defendant carried dangerous articles and inflicted injury on the victim, such as 10 and 11 on the left side of the victim in need of medical treatment for about four weeks.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C and D;
1. Police suspect interrogation protocol of the accused;
1. Walls of a suspect and photographs of the body of the victim;
1. Medical certificate (the defendant and his defense counsel merely directed the ground floor, and thus they did not injure the defendant by carrying dangerous things. However, according to the witness C, D's each legal statement, the police interrogation protocol against the defendant, etc., the defendant can be recognized that the defendant had the wall once he left the wall again to D, so the above argument is rejected). Thus, the above argument is not applicable to the law.
1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of an injury by carrying a deadly weapon);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Article 32(1)3 and (2), and Article 25 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Application for Compensation