Text
A defendant shall be punished by imprisonment for not less than one year and six months.
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
On May 4, 2014, at around 18:00, the Defendant heard from the victim E (the age of 31) that he/she was drunk in the D restaurant located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, to refrain from drinking. He/she saw the beer’s disease, which is a dangerous object on his/her customer, and she landed once the victim’s right head.
Accordingly, the defendant carried dangerous things and put the victim into a heat in a sacrific dynasium where the days of treatment can not be known.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the mitigated area (including serious efforts to recover damage) or considerable damage has been restored to the mitigated area (including one year and six months to two months), which is a special mitigation area (including one year and six months to six months), or considerable damage has been restored to the extent of habitual injury, repeated injury, and special injury according to the recommended sentencing guidelines;
2. In full view of the following facts: (a) prior to the decision of sentence, the Defendant has no record of crime in Korea; (b) the Defendant recognized and divided the instant crime; (c) contingent crimes; and (d) the victim does not want the punishment of the Defendant under the agreement with the victim; and (c) the conditions of all the sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, and circumstances after the crime, the sentence of imprisonment within the scope of recommendation, such as the suspension