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A defendant shall be punished by imprisonment for not less than one year and six months.
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
At around 01:40 on October 25, 2014, the Defendant was under the influence of drinking alcohol together with the D main room located in Jincheon-gun, Jincheon-gun, Jincheon-gun, and the victim F (V, 51 years old), an employee of D main shop, has finished the business hours, and the Defendant was under the influence of the victim, while taking a bath for the victim, he was under the desire of the victim, and the head of the victim was under the influence of two open measures that require approximately 14 days medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A written diagnosis of injury;
1. Application of the “victim’s photograph, etc. to the victim’s upper part of the body” statute
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;
1. As agreed with the victim in sentencing, the victim does not want the punishment of the defendant.
Defendant is in conflict with his confession.
The damage is minor and the defendant has no criminal record of suspended execution.
In addition, taking account of various conditions of sentencing, such as the defendant's age, relationship with the victim, details and result of the crime, circumstances after the crime, etc., the term of punishment shall be determined and the execution of punishment shall be suspended when ordering community service and alcohol treatment lectures.
It is so decided as per Disposition for the above reasons.