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A defendant shall be punished by imprisonment for 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
Around 21:50 on April 23, 2020, the Defendant, while drinking alcohol with the victim D (the age of 58) in Michuhol-gu, Incheon, on the ground that the Defendant took a bath from the victim while drinking alcohol with the victim D (the age of 58) in Michuhol-gu, Incheon, he collected the beer’s disease, which is a dangerous object on the table, on his hand, and lowered the victim’s back to the water level due to the beer’s disease, and caused the victim to go back to the unclaimed number of days of treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A list of 112 reported cases in the police statement of D;
1. Application of Acts and subordinate statutes to the body of victims and pictures of beer and beer;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences under law: Six months to five years; and
2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated injury [Type 1] special injury (including special injury to a person] mitigated elements: Where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommending areas and recommending sentences] mitigated areas, and four to one year (the scope of recommending punishment corrected by applicable sentences) imprisonment with labor for six months and one year (the scope of recommending punishment corrected by applicable sentences).
3. The crime of this case, which was sentenced to the sentence, was committed by the defendant, with a beer who is a dangerous object, and was committed by the victim following the beer of the victim, and the number of days of treatment was left behind the victim. In light of the substance of the crime, the punishment for the crime is heavy, and the defendant has several times of violent crime records, etc., which are disadvantageous to the defendant.
However, the defendant's confession of the crime of this case and reflects the mistake, and the defendant is somewhat contingent.