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A defendant shall be punished by imprisonment for not less than eight 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 01:08 on May 11, 2019, the Defendant joined the “C” drinking house located in Suwon-si B, Suwon-si, with the victim D (59 years of age), and heard the opinion that the Defendant returned to the workplace from the victim, and seeed the glass on the face of the victim, and putting about six weeks of treatment on the left side of the victim, and putting about six weeks of treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Statement of the witness of E;
1. A written diagnosis for bodily injury (54 pages of investigation records);
1. Application of Acts and subordinate statutes on the spot, photographs of damaged parts, and damaged photographs;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of punishment by law: Imprisonment for six to five years;
2. Extent of the recommended sentence according to the sentencing guidelines (decision of types) of violent crimes: Special injury, repeated injury [Class 1] and special injury (special injury to a person who has been punished): Reduction factors: serious injury (excluding the area of recommendation and the scope of recommendation types), basic area of injury (excluding the special serious injury types): Imprisonment with labor for six months or two years;
3. Based on the above sentencing criteria based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following circumstances, the defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, and the sentencing conditions indicated in the records:
In light of the circumstances leading up to a disadvantageous normal judgment, the commission of the crime, the degree and the degree of the injury suffered by the victim, etc., the quality of the crime is not good.
There are several records of fines for the same crime of violence.
A favorable attitude is shown to recognize and reflect one's own crime.
A consent shall be made with the victim.