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A defendant shall be punished by imprisonment for not more than ten 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
[Criminal Power] On July 17, 2018, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on July 20, 2018, and the judgment became final and conclusive on July 20, 2018.
【Criminal Facts】
On May 20, 2018, the Defendant, at around 21:27, while drinking alcohol together with the victim E (the age of 60) in Asan City B, suffered bodily injury, such as internal surgery, which requires approximately 8 weeks of medical treatment, when the Defendant took part in drinking alcohol with the victim’s face, and the victim took part in the chest part of the victim’s chest because the victim gets out of the floor, and the victim gets out of the floor, and took part in the head part of the victim’s hair.
Summary of Evidence
1. Legal statement of witness E;
1. Police suspect interrogation protocol regarding E;
1. Each injury diagnosis letter;
1. On-site photographs;
1. Previous convictions in judgment: References to criminal records and the application of statutes governing judgment;
1. Article 257 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The sentence like the order shall be imposed in consideration of the fact that the victim does not want the punishment of the defendant by mutual consent with the victim of reasons for the suspended sentence under Article 62(1) of the Criminal Act, the principle of equity with the case that a judgment is rendered concurrently with the crime for which a judgment has become final and conclusive, and the sentencing conditions specified in pleadings, such as the age, character and conduct, family environment, motive and circumstance of the crime, etc.