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A defendant shall be punished by imprisonment for not less than eight 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 September 27, 2016, at around 21:10 on the road located in Jincheon-gun, Jincheon-gun, Chungcheongnamcheon-gun, the Defendant collected one gate of a brick (flost 21.5cm in width, 11cm in length, and 6cm in height) on the floor of the road where the Defendant and the Defendant met with F, on the ground that E, a daily walk, f, would slick down at the front of the D convenience store located in Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and the Defendant flick, and flick at the left side of the victim H (43 ), a police official belonging to the police box in the Jincheon-gun, Police Station, where the Defendant and the Defendant met with F’s statement.
As a result, the defendant carried a brick, which is a dangerous object, and inflicted an injury on the victim, such as the upper left side of the victim in need of treatment for two weeks.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Application of the Acts and subordinate statutes governing the return of the Jincheon Matern Hospital Association;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)
1. The summary of the argument is that the Defendant was protruding to F, so there was no intention to inflict an injury on the victim.
2. Determination
(a) Where he is a so-called misunderstanding;
Even if an actor’s murder is committed, it does not interfere with the establishment of the perpetrator’s murder (see Supreme Court Decision 83Do2813, Jan. 24, 1984). B) In light of the above legal principles, the distance between the Defendant, the victim, and the F at the time of the occurrence of the instant case to the extent of 2-3 meters, and the distance between the victim and the F, which was in the same direction from the Defendant, is about 1 meter (4,5 pages of the recording of the witness examination of H), and as long as the Defendant was a victim facing the Defendant, even if the Defendant was protruding with F, this is merely a mistake of sash and thus, the Defendant was the victim.