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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On June 25, 2015, the Defendant: (a) on June 25, 2015, while smoking tobacco as “E” in the D market located in Sinpo-si, Sinpo-si, Sinpo-si; (b) the Victim G (25 3) at the same place, mast, considered the Defendant’s daily happiness to play for the Defendant’s daily happiness; and (c) the Defendant’s daily happiness to have the photographed.
whether or not.
“The Defendant complained with the victim and the victim.” The Defendant, with a pipe, was able to boom the part of the victim’s left part of the blue part of the victim’s left part of the blue, followed the victim’s body once by one generation, and the said F was tight three times in his hand.
As a result, the Defendant, in collusion with the above F, carried dangerous things with the victim and inflicted injury on the victim, such as the salt elbow, tension, etc. in need of two weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. On-site CCTV CDs;
1. A written diagnosis of injury;
1. Application of each statute on photographs;
1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;
1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution
1. The defendant committed the victim's pathy, but did not contact the victim's body.
However, according to the evidence duly adopted and examined by this court, such as the statement of the witness, CCTV images, and the written diagnosis of injury, the defendant can be found to have committed a violation of the part of the victim's left blue with metal pipe. Thus, the above assertion is rejected.
2. The Defendant asserts to the effect that the illegality of the act constitutes a legitimate defense, since he was exposed to violence from the victim's side on a narrow alley and was displayed to defend himself.
In order to establish a political party’s defense, all specific circumstances, such as the type, degree, method of infringement, the level of completion of the infringing act, and the type and degree of the legal interest to be infringed by the defense act, shall be considered.