A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 8, 2017, at a restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government on July 20:40, the Defendant called the victim D (V, 75 years of age) who is the lessor of his residence living in Yeongdeungpo-gu, Seoul Metropolitan Government, to pay monthly rent to the above restaurant, and opened the victim to the above restaurant, and made the victim's snow part of the victim's snow as a plastic, which is a dangerous object in the place under the influence of alcohol, and caused the victim's injury due to the number of days of treatment for which the victim booms the left eye while drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photograph the Speaker;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Persons who are subject to special mitigation (from September to February) in the area of special mitigation (from September to June) within the scope of the recommended punishment, habitual injury, repeated injury, and special injury to a repeated crime, and special mitigation (Habitual injury, and special injury to a repeated crime): Insignificant injury, punishment not to be imposed;

2. The fact that a person, who is a dangerous object that may have a significant result of a sentence, has inflicted a wound above the body of the victim who is an old female (it can be recognized that such act constitutes a dangerous object in light of his/her shape, material quality, method of use, etc.) and the fact that the defendant has a same criminal record and several times, etc. are disadvantageous to the defendant.

However, there are more favorable circumstances such as the fact that the victim and the injured party have reached a relatively minor agreement and the situation seems to be relatively minor.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age and economic ability of the accused, the accused is punished by imprisonment with prison labor, but the execution of the sentence is suspended on condition of community service.

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