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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 03:30 on July 4, 2020, the Defendant expressed the victim’s “C” before the “C” convenience store located in Chang Sea-gu, Changwon-si, the Defendant expressed the victim’s desire to “I will be subject to this treatment of why I would like to see, why I would like to see, why I would like to see, why I would like to see, why I would like to see, what I would like to see, why I would like. I would like to see. I would like to see, what I would like.”
이에 피해자가 집에 가려고 하자 손으로 피해자의 머리채를 잡아 흔들고, 계속하여 휴대폰 모서리로 머리 부위를 수회 때리고, 발로 왼쪽 정강이 부위를 2회 걷어찼다.
As a result, the defendant got two strings in need of treatment for about 14 days to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A written complaint filed by the police against D (including a medical certificate attached thereto);
1. Application of Acts and subordinate statutes to a criminal investigation report (a report confirming details of medical treatment for victims);
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished twice by a fine for violent crimes even before the instant case, the degree of assault and bodily injury of the instant crime is not somewhat weak, and the Defendant’s responsibility is heavy in view of the fact that the Defendant did not agree with the victim.
However, it is reasonable to consider that the defendant has no serious criminal record exceeding the fine, and that he reflects his fault.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, the background, means and result of the instant crime, and all sentencing factors as shown in the records and arguments, including the circumstances after the crime.