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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 04:00 on July 28, 2020, at a restaurant located in Gwanak-gu, Seoul Special Metropolitan City on July 28, 2020, the Defendant suffered an injury that needs to be treated for a certain number of days, such as by getting the victim C ( South, 29 years old) and drinking at the first day to the head of the victimized person without any reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the investigation report of each written statement C and D (the phone call of a witness E-mail);
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. 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;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the special injury, repeated crime [the category 1] special injury [the scope of the recommended punishment] and the mitigated elements of the punishment [the person subject to special sentencing]: The area of mitigation [the scope of the recommended punishment], the area of mitigation of punishment for April through one year [ the scope of the recommended punishment that is modified according to the statutory applicable sentences], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable sentences, and thus the minimum limit of the applicable sentences is set according to the law applicable sentences).
3. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence one year, and order to attend a lecture for 40 hours, the crime of this case is likely to inflict bodily injury on the victim by unloading 500 c glass, which is dangerous for the defendant, from the head of the damaged person, and the risk of the crime itself is significantly high.
In particular, the defendant committed the crime of this case even though he was sentenced to a fine due to the crime of bodily injury of the same criminal around November 2011, the defendant committed the crime of this case.
On the other hand, the defendant seems to be against all of the crimes of this case.
In this case.