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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 11, 2015, at around 18:15, the Defendant, while drinking the victim D, E, and alcohol in Guro-gu Seoul Metropolitan Government, brought about a collision with the victim. During the process of drinking, the Defendant: (a) broken an empty fluor’s disease; (b) broken the fluor’s disease, which is a dangerous object; and (c) displayed once fluoring the victim’s speed toward the victim’s upper part; and (d) sustained the victim’s injury that the part 5cm below the threshold in need of medical treatment for a veterinary day ought to be cut (20cm.).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. photographs and on-site photographs of each damage;
1. Application of Acts and subordinate statutes to on-site reports;
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. 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 (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Insignificant injuries in the mitigated area (one year and six months to two years) (one year and six months) of the mitigated area (one year and six months to two years and six months), of habitual injury, repeated injury, and special injury (a habitual injury, repeated injury, and special injury);
2. The crime of this case in which the sentence of sentence is to be pronounced is likely to inflict an injury on the part of the victim by putting the shoulder slick, which is a dangerous thing of the defendant, to tear, and the crime of this case is very heavy in light of the means and the risk of the behavior.
In particular, the fact that the defendant has been punished twice due to the same crime, and that the defendant has not been agreed with the victim is disadvantageous.
However, since the degree of injury of the victim is not severe, the fact that the defendant is against the recognition of the crime of this case, and the fact that the defendant has no record of crime exceeding the suspension of execution is recognized, it shall be considered in favorable circumstances, and such various circumstances and the defendant shall be considered as above.