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A defendant shall be punished by imprisonment for not less than one year and 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 03:00 on July 3, 2012, the Defendant suffered injury, such as catus fat, etc., which requires approximately four weeks of medical treatment from the victim, when the victim D(the age of 46) was the upper part of plastic clothes ( approximately 90cm in length) that are dangerous articles that were located there, on the ground that the victim D(the age of 46) was under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned and Article 257 (1) of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 80,000 won has been deposited for the recovery of damage since 198; Supreme Court Decision 200,000 won has been deposited for the recovery of damage).
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of type] violent crime. Habitual injury, repeated injury, special injury (special person in special appearance] - In cases where the victim is fully responsible for the occurrence of a crime or the expansion of damage: [decision of the recommended area] mitigated area] [The scope of sentence by recommendation] 1 year and six months to two years (Adjustment according to the applicable sentences under the law] [general person] - The mitigated element: Impact [whether suspended sentence is suspended or not] - The key reasons for main reference - The negative reason for main reference (where there is a considerable responsibility for the occurrence or expansion of damage to a victim): positive (where there is a considerable responsibility for the occurrence or expansion of damage to a crime) - The affirmative reason for general reference (decision of the sentence) / [decision of imprisonment with prison labor] 1 year and six months, suspension of execution, two years, social service years and 120 hours;