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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
While the Defendant borrowed the cargo vehicle from the victim B (34 tax) who was a local back-of-the-spot, he was dissatisfied with the fact that the victim was unable to use the cargo vehicle any longer by disposing of the cargo vehicle to another person.
On December 29, 2016, the Defendant: (a) around 04:20 on December 29, 2016, at the D convenience store located in the Southernnam-gun C, where the Defendant used tobacco to drink with the victim; (b) while the victim gets out of the convenience store, the Defendant saw the victim’s head as a dangerous object on the table, and (c) caused the victim’s injury, such as an open wound for the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Copies of opinions and medical records;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. In light of the type of dangerous articles used by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act, as well as the degree of damage, etc., the crime of this case is not suitable for the nature of the crime.
Although the defendant should be punished strictly, the suspension of execution shall be sentenced only once in consideration of the fact that the defendant reflects the defendant, the support for his/her family, and the victim does not want the punishment against the defendant.