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A defendant shall be punished by imprisonment for one year.
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
At around 01:00 on February 8, 2014, the Defendant: (a) under the influence of alcohol, the victim E (the age of 42) who was fested from the “D Party C” located in the former North Korea-U.S. armed forces C was exposed to the victim’s face on the floor of hand on the ground that he did not take personnel care of him; and (b) the victim who went outside the party room and went out of the party room, took the bath of the victim; and (c) the victim was able to take a bath and take a dangerous object that he prepared in advance, and caused the victim’s injury, such as cerebral dys, in which detailed treatment is necessary for about 14 days.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The statement of each police officer made to F and G;
1. Seizure records;
1. A written diagnosis of injury (E and Daejeon Eatype Hospital);
1. Application of statutes on field photographs;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury (a person with mental disability caused by drinking);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point agreed with the victim, etc.);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Although the nature of the crime in this case for sentencing reasons under Article 48(1)1 of the former Criminal Act is light of the motive and circumstance of the crime in this case, and the risk of the method of the crime, the defendant does not have the same criminal power except sentenced to a fine in around 1999, and the defendant committed the crime in this case on a contingent basis at the end of a minor trial, such as the fact that the victim, who was a part of the victim, left the Gu in a state of mental disorder caused by drinking alcohol, did not take personnel, etc., and as the victim seems to have been a criminal case, it is difficult to see that the defendant unilaterally used violence against the victim.