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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 1, 2019, at around 00:05, the Defendant: (a) mispercing the victim D(50 years of age) who was able to take a bath at the convenience store located in Busan Jin-gu B, Busan; (b) caused the injury to the victim, such as the right shoulder and the open room of the part below the right arms, where the number of treatment days cannot be known to the victim, by misunderstanding that the Defendant had taken a bath from the victim D (50 years of age).
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. A report on investigation;
1. A report on investigation (Submission of a written opinion);
1. Application of Acts and subordinate statutes to investigation reports (the submission of images relevant to damage parts);
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and
3. That the degree of injury suffered by the victim who has been sentenced to punishment is not easy, and that there has been no agreement with the victim, that is, the fact that the defendant was punished twice due to the crime of violence is unfavorable to the defendant, while the defendant is recognized to commit the crime of this case, that the defendant is also subject to considerable violence from the victim, that there is no record of punishment exceeding the fine, considering the circumstances favorable to the defendant, and that there is no record of punishment exceeding the fine, the punishment is determined as ordered by taking into account the following factors: the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc.