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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 became final and conclusive.
Reasons
Criminal facts
At around 21:50 on January 14, 2013, the Defendant: (a) reported that the victim D (28 years of age) was showing the face of E; (b) collected beer disease, which is a dangerous object on the table, and unloaded the head part of the victim at one time.
As a result, the Defendant teared the part of head with which the number of treatment days can not be known to the victim, and suffered bodily injury such as tearing part of face.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on site photographs;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the reasons for sentencing) should be strictly punished in that the Defendant, who is a dangerous object, has inflicted an injury on the victim by getting the head of the victim’s disease.
However, a suspended sentence shall be imposed in consideration of all the conditions of sentencing, including the defendant's age, family relationship, relationship with the victim, etc., where the defendant led to the confession of the crime of this case and agreed smoothly with the victim, there was no record of punishment exceeding the same kind of crime or fine.
It is so decided as per Disposition for the above reasons.