Text
A defendant shall be punished by imprisonment for six months.
However, 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
At around 12:40 on August 25, 2018, the Defendant: (a) placed the victim B (the age of 47) and the care for wage problems on the street in Bupyeong-ro, Seocheon-ro, Seocheon-ro, 40 (Secheon-dong), brought the victim’s neck up to the floor; (b) laid down the victim’s face on the floor; and (c) laid down the victim’s face on the body of the victim’s body; and (d) laid down the victim’s face on the part of the victim’s body, taken up the victim’s face for about 28 days.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol on the accused and B;
1. Application of Acts and subordinate statutes to each injury diagnosis certificate and photographs of damaged parts;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.
3. Determination of sentence: In light of the fact that the defendant has been punished several times for the same kind of crime, the degree of injury to the victim of this case and the relationship of recovery of damage, etc., the defendant's liability for the crime is not weak.
However, the punishment shall be determined as ordered by comprehensively taking into account the following factors such as the defendant's motive and circumstance leading up to the crime of this case, the victim's relation, the circumstances after the crime, the age, character and conduct, family relationship, and economic circumstances.