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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is the resident of the Young-gu Busan Metropolitan City C apartment, and the victim D(65) is the security guard of the above apartment.
On September 4, 2015, the Defendant, within the apartment guard room around 21:00, caused disturbance to the security guards working in the above apartment guard room, and caused the victim’s chest to enter the guard room by hand on the ground that he was frightened by the victim, and caused the victim’s chest to be pushed down, thereby causing injury to the victim about 84 days in need of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of suspect of the police against D or E;
1. On-site inspection report (on-site inspection)
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of general injury) is reduced area (two months to one year), the punishment is not suspended (including serious efforts to recover damage), or damage is restored to a considerable part;
2. The sentence of the same punishment as the sentence shall be imposed in consideration of the circumstances, such as the fact that the defendant has the same criminal records and the result of injury is serious, but has not been convicted of a fine exceeding the fine, that the victim has agreed with, and that the mistake has been recognized and has been pened in depth;