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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 June 25, 2020, at around 05:24, the Defendant: (a) carried out drinking and drinking at the same logistics center, the victim D (34 years of age) who is a manager of the same logistics center, and (b) carried out drinking in a restaurant with the trade name “C” located in Suwon-si B, Suwon-si; (c) caused the victim to inflict an injury on the victim, such as brain-dead, in which the number of days of treatment cannot be known, on the ground that the victim took counter-end.
Accordingly, the defendant injured the victim by an illness, which is a dangerous thing.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. E statements;
1. A photo of the injured party, a photo of the studio of a studio;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.
In light of the defendant's method of crime and the part of the victim's injury, it seems that there is a possibility that serious injury to the victim was caused by the defendant's crime.
- The defendant was aware of the crime of this case and reflected in the favorable circumstances.
- Agreed with the victim.
- There is no previous conviction or previous conviction beyond the fine.