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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around September 19:45, 2017, the Defendant contacted the body of the victim C (59 years) of the vehicle for assisting the pedestrian, which was operated by the Defendant in front of the 104-dong apartment complex of peace-gu, 22-lane 104, in front of the 104-dong, the Defendant: (a) was in contact with the victim during a dispute with the victim; (b) was in contact with the victim. (c) The Defendant she was in contact with the victim during the dispute with the victim. (d) The victim she flick of trees, which are dangerous things used by his/her hand ( approximately 5cm in diameter, about 1m in length, about 20cm in length). The victim flick the face of the victim with his/her hand, and continued to flick the right hand.
As a result, the Defendant carried dangerous articles and inflicted injury on the victim, such as the opening of the head part of other head part, which requires treatment for about 21 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to C and D;
1. Reporting on the occurrence of a case subject to special injury, reporting on internal investigation, and reporting on investigation;
1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;
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 (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for the sentencing as follows) is that the case was committed with the injury of three cautions on the part of the victim due to the fact that the defendant was showing the victim with a tree stick, which is a dangerous object. The defendant was sentenced to imprisonment with prison labor for 10 months due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in 2007, and one million won due to the crime of bodily injury in 2008, and even if he was punished several times due to a violation of the same type of force and various traffic laws due to drinking, it is disadvantageous to the defendant.
However, it is part of the damage by depositing KRW 800,000 for the victim that the defendant acknowledged the facts of the crime of this case.