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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 became final and conclusive.
Reasons
Punishment of the crime
Around 01:00 on February 1, 2013, the Defendant was in sight of the victim on the first floor of the C building in Ansan-si, on the ground that the victim was her walked by the Defendant, and continuously led the victim at the entrance of the “E market” adjacent to the said building, and caused the victim to suffer injury, such as brain mic, etc., which requires medical treatment for about 21 days, by using the brick (aro approximately 19cm, vertical length about 9cm, about 5cm, about a height of 5cm) which is a dangerous object in the surrounding area.
Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. The statement of each police officer made to F and G;
1. A medical certificate;
1. Application of the Acts and subordinate statutes to each field photograph and damaged part photograph;
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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant, who is a dangerous object, injured the victim, and the method and result of the crime are not exceptionally considered in light of the method and result of the crime.
However, considering various factors of sentencing, such as the defendant's age, occupation, and circumstance of crime, the punishment shall be determined through discretionary mitigation of the statutory punishment, and suspended execution shall be sentenced to suspended execution, by taking into account the following factors of sentencing, including the fact that the defendant recognized the crime and committed a mistake, that the defendant agreed smoothly with the victim, that the defendant did not have any criminal record.