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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 20, 2016, around 23:20 on September 20, 2016, the Defendant, while under the influence of alcohol at the “D” store located in Nam-gu, Southern-gu, Dong-gu, Seoul, on the ground that the victim E (e.g., 52 years of age) went away from his/her own behavior, and caused the victim to go beyond the victim's face, chin, chest, chest, etc. on the floor, and caused the victim to go beyond the victim's face, satis, and satis, etc. on the part of the number of days of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, F and G;
1. A medical certificate of injury and a medical certificate;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] of the general injury [the scope of recommendation] does not exist (the person subject to special sentencing from April to January] of the basic area (the person subject to special sentencing] of the type 1 of the same crime [the decision of sentencing] [the decision of sentence] has the record of criminal punishment several times for the same type of crime, there is no criminal punishment exceeding the same crime or fine after having been sentenced for the same crime in 2008, there is no injury subject to criminal punishment exceeding the same crime or fine after having been sentenced for the same crime, damage has not been recovered, and the degree of injury is unclear, such as the fact that the various sentencing conditions indicated in the trial
Parts of innocence
1. The summary of the facts charged reveals that the Defendant, as indicated in the facts constituting the crime in the judgment below, abused the victim’s neck beyond the floor, and followed the pelvis, thereby causing the victim to suffer approximately 21 days of treatment.
2. As shown in this part of the facts charged, there is a statement about the case of the injured party and a written diagnosis of injury.
However, in full view of the following circumstances acknowledged by each evidence duly adopted and investigated by this court, the above evidence and the remaining evidence submitted by the prosecutor alone are recognized as the facts charged.