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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 29, 2019, at around 02:50, the Defendant: (a) was trying to terminate the funeral service to D in a de facto marital relationship in the “C” restaurant located in Chungcheongnam-gun Hong-gun B; (b) was in the course of gathering the house cryp, etc. located in the restaurant outside the entrance; (c) the witness E (ma, 44 years old) was in the course of a meeting the victim’s head head by hand due to the defect in which the Defendant attempted to speak; (d) was in the middle of the victim’s body cryp, which is a dangerous object near the restaurant; and (e) was in the middle of the victim’s body cryp, which is two times near the restaurant, the victim’s face once taking about about 14 days.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Police statements of E;
1. A written diagnosis of injury;
1. Application of CD-related Acts and subordinate statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the behavior of the instant crime is considerably excessive and imminent, and that the victim was seriously injured by the instant crime, and that the Defendant had two times criminal records, including the previous criminal records, are disadvantageous to the Defendant.
However, the defendant's recognition of the crime of this case, the victim's payment of KRW 3 million to the victim and the agreement is reached, and the defendant does not want the punishment against the defendant, and the defendant's age, character and conduct, environment, motive and means of the crime, results, and all other circumstances shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered by a comprehensive consideration.
Public Prosecution Rejection Parts
1. The summary of this part of the facts charged is that the victim G (Nam, 44 years old) who was under contact with E at the “C” restaurant located in Chungcheongnam-gun Hong-gun on March 29, 2019 and was found to be in contact with E on March 29, 2019, enter the said restaurant, “Isson.”