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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The defendant is six head of Tong-gu, Busan Metropolitan City D apartment, and the victim E (56 years of age) is seven head of Tong in the same apartment.
On April 10, 2014, from around 21:00 to 22:00, the Defendant saw the beer with the victim at the “G” head located in Busan Shodong-gu as a water cleaning service right issue, and came to dispute with the victim, the Defendant flicked the beer’s left left part and head with the beer’s disease, which is an object dangerous to the table.
The Defendant continued to get the victim as above, with a shoulderer beer disease, caused the victim's face face part twice, so that the victim needs to be treated for approximately 62 days, such as a chron snife and a chick.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness E and H;
1. Each police statement of E and H;
1. Application of Acts and subordinate statutes to each injury diagnosis report and post-disabled disability diagnosis report;
1. According to the evidence duly admitted and examined by the court as to whether the Defendant was in drinking condition at the time of the instant crime, according to Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the Defendant did not have the ability to discern things or make decisions at the time of the instant crime in light of the background of the instant crime, dialogue between the Defendant and the victim before the instant crime, the circumstances after the instant crime, etc.
It does not seem to be in a state or weak.
Reasons for sentencing
1. The scope of punishment by law: Imprisonment with prison labor for not less than three years nor more than thirty years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Determination of types: Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Bodily Injury) of each type of violence;
(b) Special contributors: Aggravation factors;
(c) Decision on the recommended field: Aggravation; and
(d) Scope of recommendation: Imprisonment for not less than three years but not more than five years; and
3. Determination of sentence: Three years of imprisonment; and