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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 21, 2016, around 21:40, the Defendant, while drinking alcohol on the table “D convenience store in South-gu, South-gu, East-gu, Dong-gu, Seoul, on the ground that the victim E ( South, 16 years old) who talked with fluorbs in the table table, talked with the victim E ( South, 16 years old) who talked with fluorbs, was living together with the victim, which is a dangerous object, was assaulted twice by drinking.
Summary of Evidence
1. Partial statements of the defendant;
1. Legal statement of witness F;
1. A protocol concerning the examination of the police officers of the accused;
1. A written statement of E and F [The defendant and his defense counsel asserted that there is no fact that the defendant had a beer's disease to E, but the F has made a detailed and detailed statement about the fact that the defendant had a beer's disease to E in this court, which can be reliable, and according to the above statement and each of the above evidence, it can be sufficiently recognized that the defendant had a beer's disease to E, and the above argument is not accepted] application of the law.
1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;
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;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;
2. Scope of the recommended punishment according to the sentencing guidelines [the types of determination of types of violence] Class 6 (Habitual, Cumulative, and Special Violence) [person subject to special sentencing] - Where the degree of violence is insignificant (Article 1, 6, and 7) [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] mitigated area (Article 4 months to February 1); and
3. Determination of sentence: 6 months of imprisonment, and 1 year of suspended sentence are the crime of this case committed by the defendant with assaulting the victim due to beer who is a dangerous object, and the risk of the act is high, and the victim wishes to punish the defendant. Thus, it is required to cope with it.
The defendant has a record of punishing the same crime more than seven times (this is the case).