Text
1. The defendant shall be punished by imprisonment for four months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On February 11, 2013, at around 03:33, the Defendant: (a) 03:33, on the road in front of the “C” restaurant located in Seosan-si B, and (b) 3 times the victim D ( South and 24 years of age) ran the Defendant’s abscison on the ground that the victim D (V) was scisfing the Defendant’s car, and scisfing three times the victim’s face in drinking, and continued to have three times the victim’s left face.
As a result, the Defendant inflicted injury on the victim, such as an spawn spathing, which requires approximately 40 days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made by the police officer in relation to D and E;
1. Application of each description of the injury diagnosis certificate, victim photograph, or video statute;
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The scope of applicable sentences: Imprisonment for one month to seven years;
2. The basic area of the sentencing criteria [decision of types of punishment] the group of violent crimes, the general category of injury (the scope of recommending punishment]: Imprisonment with prison labor for not more than four months from April to June: In cases of special mitigation factors: In addition, the serious injury.
3. Determination of sentence: Four months of imprisonment; and
4. Whether to suspend the execution: There is no history of criminal punishment for two years (main reasons for probation): There is no negative negative result of punishment: there is no contingent crime (general reason for writing): There is no negative negative result of punishment: (comprehensive comparison and evaluation). In comprehensive consideration of the grounds for main reference as seen earlier, the reasons for general reference, and all the circumstances shown in the arguments in this case, the probation and community service order shall be sentenced to the suspension of the execution of imprisonment accompanied by probation and community service order, such as the order, within the scope of recommendation.