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A defendant shall be punished by imprisonment for one year.
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
Around 21:40 on April 13, 2014, the Defendant, while drunkly drinking alcohol with E, F, and the victim G (age 49) at the bar of “D” located in E, E, E, and E, E, E, and E, while trying to make the above drinking house not to be able to properly do so, but her flock with “Gman’s” from the victim, and her head (age 330ml), the Defendant she saw the victim’s head as a flick (age 30ml) and her head as a dangerous object, and she she flicked the victim’s head once more than a 30ml and her head was required to give approximately two weeks treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Commission and return (the investigative record, No. 26, 27 pages);
1. Application of the photographic Acts and subordinate statutes;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury (a person with mental disability caused by drinking);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point agreed with the victim, etc.);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act, despite a large number of force of crime related to violence, leads to the instant crime. However, in light of the motive, circumstance, method of crime, etc. of the instant crime, the Defendant does not have the nature of the instant crime. However, the Defendant, in a state of mental disorder caused by drinking alcohol, has reached the instant crime contingently in a state of mental disorder, not limited to the degree of damage, and the victim does not want the punishment of the Defendant by agreement with the victim, and the Defendant, at the investigation stage, has made the first false statement at the investigation stage, and later, has the criminal intent to commit the instant crime.