Text
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 19, 2017, around 01:00, the Defendant passed away from the main point of C located in the Northern-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and the Defendant sprinked with the shoulder with the victim D (23 tax). While sprinking with each other, the Defendant sprinked the victim’s spherb, sphered the spherb, laid over the floor, sphered the victim’s spherb, and sphered the victim’s face, sphered the victim’s spherb, and inflicted injury on the victim, including approximately three weeks of the victim’s face
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general injury, type 1 (general injury) [the person subject to special mitigation] and non-taxation (the scope of recommended punishment] mitigated area, imprisonment for not less than two months, but not more than one year;
2. The Defendant, who was sentenced to criminal punishment, committed the instant crime even though he/she had the record of criminal punishment for an violent crime.
However, the defendant is against his or her will to recognize his or her mistake.
By the unanimous agreement with the victim, the victim expressed his/her intention that he/she does not want to be punished against the defendant.
In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.