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A defendant shall be punished by imprisonment for not less than nine months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 24, 2018, at the “C” restaurant located in Geumcheon-gu Seoul Metropolitan Government, around 19:30 on June 24, 2018, the Defendant, while drinking alcohol, tried to listen to half-yearly from the victim D (49 tax) while drinking alcohol, and released the head of the victim on one occasion after gathering small-scale disease, which is a dangerous object, caused the victim’s illness. As a result, the Defendant, such as a person subject to a crime, etc., whose number of days of treatment cannot be known, suffered injury by having the victim cut about 0.5 cm and the victim suffered injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of statutes governing victim photographs at the time of damage;
1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act also include the following circumstances: (a) the victim was negligent in the occurrence of the instant crime; (b) the agreement with the victim; (c) the Defendant confessions and repents the victim; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the crime.