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A defendant shall be punished by imprisonment for four 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 April 17, 2017, around 15:10 on April 15:10, 2017, the Defendant sent the face and eye of the victim E (53 tax) who provided personnel to the Defendant on the street in front of the Dussa-gu Busan, Busan, the Defendant saw the victim to drink and sprink, without any justifiable reason, so it is difficult for the victim to know the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations given in the sentencing guidelines] - General injury mitigation area (two months to one year) - Person who is subject to special mitigation: the non-execution of punishment (the decision of sentence] appears to be impossible to achieve the purpose of punishment due to a majority of criminal records resulting from violent crimes, and thus, the defendant cannot be sentenced to a fine or a heavier punishment; however, the defendant is selected to be sentenced to imprisonment, but the fact that he/she has not been sentenced to a fine or a heavier punishment; the fact that he/she has agreed with the victim should be taken into account; the defendant's age, sex behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., the execution of punishment shall be suspended only once in consideration of various sentencing conditions expressed in the arguments of this case