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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
At around 05:20 on December 27, 2014, the Defendant taken the victim E (the age of 27) who was expected to drive on the street, etc. from the Defendant’s act in the influence of alcohol into a mobile phone, and the Defendant became a mutual vision on the ground that the victim and his/her act were prevented, and the Defendant saw the victim’s head to a Bokkick who was a dangerous object used in his/her hand, thereby requiring approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding F;
1. Each written statement of G, H, I, and E;
1. Application of Acts and subordinate statutes of a medical certificate;
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. 집행유예 형법 제62조 제1항(아래 양형의 이유 중 유리한 정상 거듭 참작) 양형의 이유 [유형의 결정] 폭력범죄, 상습상해누범상해특수상해, 제1유형(상습상해누범상해특수상해) [특별양형인자] - 감경요소 : 상당부분 피해회복된 경우 [권고형의 범위] 징역 1년 6월 ∽ 징역 2년 6월(감경영역) [선고형의 결정] 아래와 같은 정상들 및 피고인의 연령, 성행, 가족관계, 가정환경, 범행의 동기와 수단, 범행 후의 정황 등 이 사건 기록에 나타난 양형 조건이 되는 사정들을 두루 참작하여, 주문과 같은 형을 선고한다.
D. Unfavorable circumstances: The crime of this case is not good for committing the crime of this case, which caused the injury to the victim by sak's head due to dangerous Bocar's disease.
The degree of injury of the victim caused by the crime of this case is not easy.
Nevertheless, the victim did not agree with the victim significantly.
The favorable circumstances: the defendant does not have any domestic criminal records.
Defendant committed the instant crime by contingency.
In order to recover damage, 3 million won will be paid to the victim.