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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On December 13, 2018, the Defendant was sentenced to imprisonment for a crime of fraud at the Suwon District Court on two years and six months, and the judgment became final and conclusive on March 8, 2019.
【Criminal Facts】
On November 28, 2018, the Defendant brought an injury to the victim C(24 years of age) and the victim C(24 years of age) in Suwon detention house B, which is located in Suwon-si on November 28, 2018. The Defendant knee, knee and knee, resulting in an injury to the victim, such as an open room for the part of unknown details of the mouth, which requires approximately four weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, C, and E;
1. F's self-written statement;
1. A written diagnosis of injury;
1. Investigation report (Submission of a photograph of the upper part of the victim C);
1. Investigation report (Submission of data by a ward for confinement) - Attachment of a ward for confinement, personal history of a ward for confinement, report on investigation (Submission of a certificate of confinement) - Attachment of a certificate of confinement;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the Defendant used violence without being familiar with the detention house; (b) around September 2018, the Defendant again committed the instant crime even though he/she used violence to another prisoner within the detention house; and (c) therefore, the nature of the instant crime is not good.
It is difficult for the defendant to understand the motive of the defendant's use of violence and did not take measures to recover the damage of the victim.
In addition, the defendant has been punished for violent crimes two times.
However, since the crime of this case is in the relation of fraud and other concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment that became final and conclusive, the equity should be taken into account in the case
It is ordered as ordered by taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.