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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 28, 2019, at around 01:05, the Defendant: (a) in front of the “C” drinking house located in Kimhae-si B, at around 01:05 on the street, and (b) found that D (the age of 19) who refused the Defendant’s joint request of D (the age of 25) was in combination with the victim E (the age of 25) and was able to smoke together with the victim; and (c) the victim d was carrying a time fee; and (d) the Defendant was argue, “Is that I would not want to do so”; and (d) the Defendant was flaged with the victim’s face, and when the victim’s face was spited and taken in drinking.
As a result, the Defendant inflicted injury on the victim, such as cutting the bones, internal organs, etc., which require approximately six weeks of medical treatment.
Summary of Evidence
1. Statement of the accused in the fifth trial records;
1. Police suspect interrogation protocol regarding E;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to the investigation report (deed D Telephone Statements);
1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;
1. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Class 1] general injury (special aggravated person] and aggravated factors: serious injury (the scope of recommendation punishment] [the scope of recommendation punishment] increased area, six months to six months of imprisonment; and
2. The sentencing conditions determined by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for committing the crime and circumstances after committing the crime, and the sentencing guidelines set forth in the sentencing guidelines, shall be taken into consideration in the same circumstances as the sentencing is ordered.
[Unfavorable circumstances] Under the influence of alcohol, the Defendant saw a trial expense in advance to D while drunkly losing self-defense, and suffered serious injury by drinking the victim who prevented him/her.
In light of the details of the instant crime and the degree of damage therefrom, the nature of the instant crime is not good.
O The victims want to be punished by the defendant.
The Defendant has passed since the instant crime was committed until the day when this judgment was rendered.