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A defendant shall be punished by imprisonment for one year.
except that 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 03:00 on November 14, 2018, the Defendant rejected the proposal from the victim D (the victim D, 54 years of age) and the victim under the influence of alcohol at the 'C' restaurant located in Yangsan City B, 03:0 on November 14, 2018, and caused the death of the victim when the victim reported this weather year.
As a result, the Defendant carried dangerous articles and inflicted injury on the victim, such as the impairment of the character of the head whose head is in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Photographs of the offender;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: One to ten years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines (determined of types) for special injury, repeated crime [Type 1] special injury (special person in a form of punishment] mitigated element: Insignificant injury [the scope of the recommended area and the recommended punishment] mitigated area, imprisonment for four months through one year [the scope of the recommended punishment corrected according to the applicable sentencing] sentenced to imprisonment for one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, it shall be based on the statutory minimum limit of the applicable sentencing range).
3. Determination of sentence: Determination in consideration of the minor points of damage, the fact that there is no previous criminal record of the same kind and any contingent crime, the motive and circumstances of the crime, relationship with the victim, etc.