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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 17, 2017, around 18:05, the Defendant: (a) reported that the Defendant lying a mountain on a narrow channel of the victim D (n, 49 years old) in front of Yangcheon-gu Seoul, Seoul, and passed along the roads; and (b) without any particular reason, walking the victim’s right and walk, and (c) reported to the driver and the police who drive the victim.
The victim committed violence to the victim, such as harming the victim's neck by defective loss.
Summary of Evidence
1. The part corresponding to the defendant's legal statement
1. The legal statement of the witness D ( old memory is not accurate;
One, there is credibility because the contents of the statement are consistent and there is no inconsistency with other evidence such as damaged photographs.
1. Application of Acts and subordinate statutes to photographs damaged;
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);
1. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;