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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 23:00 on March 3, 2020, the Defendant inflicted injury on the victim D (the victim D, the 54 years of age), and the victim, who had drinking together at “C” in Guro-gu Seoul, on the ground that the victim had his head debt flicked, on the ground that the victim had head debt flicked, on the ground that the victim had head debt flicked, the head of the victim was cut once on the part of an empty beer, which is a dangerous object in front of the above head flick, and the victim suffered injury, such as the treatment not less than 3cm for the number of days in which the head flicked.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Application of the photographic Acts and subordinate statutes;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Six months to five years;
2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, two months to one year [the range of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the minimum limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).
3. Determination of sentence: Imprisonment with prison labor for 10 months, conditions unfavorable to a suspended sentence of 2 years: One time the criminal records of a fine due to a drunk driving, and the circumstances, methods, and contents of the instant crime: The circumstances favorable to the fact that there are no criminal records of the same kind of crime and no criminal records of the suspended execution are available, it is against the fact that there is no criminal records of the suspended execution, and on April 7, 2020, the Defendant agreed with the victim on April 7, 2020, such as the following circumstances and the Defendant’s age, character and behavior, environment, motive, means, and consequence of the crime.