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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 21, 2020, around C convenience points in Eunpyeong-gu Seoul Metropolitan Government on July 21, 2020, the Defendant assaulted the victim on the ground that the victim D (year 47) and the victim did not have a walk for drinking on the ground that he did not have a walking, and caused the victim to be treated for about 14 days, such as brain salky and salves, and salves.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written diagnosis of injury;
1. Application of the CCTV-related Acts and subordinate statutes for crime prevention;
1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;
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 applicable sentences under law: Six to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).
3. The crime of this case, which was determined to be sentenced, is a case where the defendant inflicts an injury on the victim, such as unloading the head of the victim from the main disease, and the content and method of the crime, and the defendant's previous criminal liability is not less exceptionally given that the defendant was committed.
However, the circumstances are favorable to the defendant, such as the fact that the defendant stated that he/she is aware of the facts charged, that the victim does not want the punishment of the defendant, that there are circumstances to consider in the course of the crime, and that there is no penalty.